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Full text of "North Carolina Register v.6 no. 1 (4/2/1991)"

KPM/7^34-/- A2/N/fr-?- 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




EXECUTIVE ORDERS 

PROPOSED RULES 

Architecture, Board of 

Economic and Community Development 

Environment, Health, and Natural Resources 

Human Resources 

Physical Therapy Examiners, Board of 

Public Education 

RECEIVED 



FINAL RULES 
Correction 

ARRC OBJECTIONS 



APR 5 m 

V. f*W LIBRARY 



RULES INVALIDATED BY JUDICIAL DECISION 

/ 

ISSUE DATE: APRIL 1, 1991 
Volume 6 • Issue 1 • Pages 1-44 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 53 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions foi 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 

North Carolina Administrative Code. Published in 
looseleaf notebooks with supplement service by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Satutes. Subscriptions 
seven hundred and fifty dollars ($750.00). Individual 
volumes available. 



NOR TH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, NC 276 1 1-7447 

(919) 73 3 - 267S 



Julian Mann III, 

Director 
James R. Scarcella St., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. EXECUTIVE ORDERS 

Executive Orders 132-134 1 



II. PROPOSED RULES 

Economic and Community 
Development 

Alcoholic Beverage 

Control Commission 4 

Environment, Health, and 
Natural Resources 

Health: Epidemiology 28 

Health Services 

Commission 9 

Human Resources 

Medical Assistance 9 

Mental Health, Developmental 
Disabilities and Substance 

Abuse Services 5 

Licensing Boards 

Architecture, Board of 30 

Physical Therapy Examiners 

Board of 33 

Public Education 
Elementary and Secondary 29 



III. FINAL RULES 

Correction 

Division of Prisons 35 

IV. ARRC OBJECTIONS 39 

V. REITS INVALIDATED BY 

JUDICIAL DECISION 42 

VI. CUMULATIVE INDEX 44 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1991 - December 1992) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Liling 


Hearing & 
Adoption by 
Agency 


Date 


******** 


******** 


******** 


******** 


******** 


04/01/91 


03/11/91 


03/18/91 


05/01/91 


08/01/91 


04/15/91 


03/22/91 


04 01 91 


05/15/91 


08/01/91 


05/01/91 


04/10/91 


04/17/91 


05/31/91 


09/01/91 


05/15/91 


04/24/91 


05/01/91 


06/14/91 


09/01/91 


06/03/91 


05/10/91 


05/17/91 


07/03/91 


10/01/91 


06/14/91 


05/23/91 


05/31/91 


07/14/91 


10/01/91 


07/01/91 


06/10/91 


06/17/91 


07/31/91 


11/01/91 


07/15/91 


06/21/91 


06/28/91 


08/14/91 


11/01/91 


08/01/91 


07/11/91 


07/18/91 


08/31/91 


12/01/91 


08/15/91 


07/25/91 


08/01/91 


09/14/91 


12/01/91 


09/03/91 


08/12/91 


08/19/91 


10/03/91 


01/01/92 


09/16/91 


08/23/91 


08/30/91 


10/16/91 


01/01/92 


10/01/91 


09/10/91 


09/17/91 


10/31/91 


02/01/92 


10/15/91 


09/24/91 


10/01/91 


11/14/91 


02/01/92 


11/01/91 


10/11/91 


10/18/91 


12/01/91 


03/01/92 


11/15/91 


10 24/91 


10/31/91 


12/15/91 


03/01/92 


12/02/91 


11/07/91 


11/14/91 


01/01/92 


04/01/92 


12/16/91 


11 21/91 


12 02/91 


01/15/92 


04/01/92 


01/02/92 


12 09/91 


12/16/91 


01/31/92 


05 01 92 


01/15/92 


12/20/91 


12/31/91 


02/14,92 


05/01/92 


02/03/92 


01/10/92 


01/17/92 


03/04/92 


06 01/92 


02/14/92 


01/24/92 


01/31/92 


03/15,92 


06/01/92 


03/02/92 


02/10/92 


02/17/92 


04/01/92 


07/01/92 


03/16/92 


02/24/92 


03/02/92 


04/15/92 


07/01/92 


04/01/92 


03/11/92 


03/18/92 


05/01/92 


08/01/92 


04/15/92 


03/25/92 


04 01/92 


05/15/92 


08/01/92 


05/01/92 


04/10/92 


04/17/92 


05/31/92 


09/01/92 


05/15/92 


04/24/92 


05/01/92 


06/14 92 


09/01/92 


06/01/92 


05/11/92 


05/18/92 


07/01/92 


10/01/92 


06/15/92 


05/25/92 


06 01 92 


07/15/92 


10/01/92 


07/01/92 


06/10/92 


06/17/92 


07/31/92 


11/01/92 


07/15/92 


06/24 92 


07/01/92 


08/14/92 


11/01/92 


08/03/92 


07/13/92 


07/20/92 


09/02/92 


12/01/92 


08/14/92 


07/24/92 


07/31/92 


09/13/92 


12/01/92 


09/01/92 


08/11/92 


08/18/92 


10/01/92 


01/01/93 


09/15/92 


08/25/92 


09/01/92 


10/15/92 


01/01/93 


10/01/92 


09/10/92 


09/17/92 


10/31/92 


02/01/93 


10/15/92 


09/24/92 


10/01/92 


11/14 92 


02/01/93 


11/02/92 


10/12/92 


10, 19/92 


12,02,92 


03,01/93 


11/16/92 


10/23/92 


10/30/92 


12/16/92 


03 01 93 


12/01/92 


11/06/92 


11/13/92 


12/31/92 


04/01/93 


12/15/92 


11/24/92 


12/01/92 


01/14/93 


04/01/93 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the tide with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 132 

ESTABLISHMENT OF GOVERNOR'S COUNCIL 

ON ALCOHOL 

AND OTHER DRUG ABUSE 

WHEREAS, the Governor's Council on Alcohol 
and Drug Abuse Among Children and Youth 
was established by Executive Order Number 23 
and was extended by Executive Order Number 
64; and 

WHEREAS, it has been made known to me that 
a change in the name and scope of this Council 
is appropriate; 

NOW THEREFORE, by the authority vested in 
me as Governor by the Constitution and laws of 
North Carolina, it is ORDERED: 

Section 1. ESTABLISHMENT 

(a) There is hereby established a Governor's 
Council on Alcohol and Other Drug 
Abuse. 

(bj The Council shall consist of not more 
than twenty (20) persons who shall be 
appointed by the Governor. The Gover- 
nor shall designate the chairperson of the 
Council. /Ml Council members shall serve 
at the pleasure of the Governor. 

(c) The persons appointed shall be citizens 
who have demonstrated interest, involve- 
ment or expertise in issues related to pre- 
vention, intervention and treatment of 
alcohol and other drug abuse. 

Section 2. FUNCTIONS 

(a) The Council is authorized to meet regu- 
larly at the call of the Chairperson, the 
Governor, or the Secretary of Human 
Resources. 

(b) In fulfilling its undertaking, the Council 
shall have the following duties relating to 
alcohol and other drug abuse issues: 

(1) Review the General Statutes of North 
Carolina applicable to substance abuse, 
including criminal and service delivery 
legislation and make recommendations 
concerning needed changes; 

(2) Review and recommend mechanisms 
for the coordination of state and local re- 
sources for addressing identified needs; 

(3) Conduct public hearings and advise the 
Governor and other appropriate state 
government departments and agency 
heads of the result and recommendations 
of the Council; 

(4) Encourage local areas to identify an ex- 
isting board, council or commission to 



mobilize resources to address substance 
abuse problems; 

(5) Encourage local boards, councils or 
commissions to develop an implementa- 
tion plan to meet identified needs; 

(6) Assist local boards, councils or com- 
missions in identifying model prevention, 
intervention and treatment efforts; 

(7) Encourage program activities that in- 
crease public awareness of substance 
abuse and strategies to decrease the prob- 
lem; and 

(8) Other such duties as assigned by the 
Governor or the Secretary of Human Re- 
sources. 

Section 3. ADMINISTRATION 

(a) The heads of the State departments and 
agencies shall, to the extent permitted by 
law, provide the Council information as 
may be required by the Council in carry- 
ing out the purposes of the Order. 

(b) The Department of Human Resources 
shall provide staff and support services as 
directed by the Secretary of Human Re- 
sources. 

(c) Members of the Council shall serve with- 
out compensation, but may receive re- 
imbursement contingent on . the 
availability of funds for travel and 
subsistence expenses in accordance with 
state guidelines and procedures. 

(d) The Council shall be funded by the De- 
partment of Human Resources and con- 
tributions received from the private sector. 

Section 4. REPORTS 

(a) The Council shall present an annual report 
to the Governor and the Secretary of Hu- 
man Resources. 

(b) Reports of recommendations may be 
submitted to the Governor and Secretary 
of Human Resources as deemed appro- 
priate by the Chairperson. 

Section 5. IMPLEMENTATION 
The Office of the Secretary of Human Re- 
sources will review reports and recommen- 
dations and take appropriate action. 

Section 6. PRIOR ORDERS 
All prior Executive Orders or portions of prior 
Executive Orders inconsistent herewith are 
hereby repealed. 

This Order is effective this the 22nd day of 
Eebruary, 1991, and shall expire two years from 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



EXECUTIVE ORDERS 



this date unless terminated or extended by further 
Executive Order. 

EXECUTIVE ORDER NUMBER 133 

EXPANDING THE MEMBERSHIP OF 

GOVERNOR'S HIGHWAY 

BEAUTIFICATION COUNCIL 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina, IT 
IS ORDERED: 

The first sentence of Section 2 of Executive Or- 
der Number 126 is amended in part to read, "The 
Council shall consist of 15 members to be ap- 
pointed by the Governor and who shall serve at 
the pleasure of the Governor." The final sen- 
tence of Section 2 is amended to read, "Eight 
members shall represent the State at large." 

All other provisions of Executive Order Num- 
ber 126 shall remain unchanged. 

This Order shall be effective immediately. 

Done in Raleigh, North Carolina this the 22nd 
day of February, 1991. 

EXECUTIVE ORDER NUMBER 134 GRANTING 

SPECIAL READJUSTMENT LEAVE TO 

EMPLOYEES OF THE STATE WHO HAVE 

SERVED WITH THE NATION'S ARMED 

FORCES DURING THE PERSIAN GULF 

CONFLICT 

North Carolina is proud of its sons and daugh- 
ters who have served with the Nation's Armed 
Forces during the Persian Gulf Conflict. We 
have prayed for their safety and welcome their 
return. But that is not enough. We now must 
do all we can to help make their return to their 
everyday lives as easy as possible. 

Many of those who served in our armed forces 
during the Persian Gulf Conflict were State em- 
ployee National Guardsmen and reservists who 
interrupted their employment with the State and 
took military leave without pay to perform their 
military duties. Over the next few months they 
will be coming home to their families and friends 
and to resume their State employment. As an 
employer, the State can ease their transitions 
from their military- to their civilian lives by 
granting to them a special readjustment leave, 
with pay, in which to reorder their affairs before 
returning to work. 

THEREFORE, in grateful recognition of all that 
they have done for us by their service in the 
Armed Forces of the United States during the 
Persian Gulf Conflict and pursuant to authority 



granted to me as Governor by Article III, Sec. 1 
of the Constitution and North Carolina General 
Statutes §§143A-4 and 143B-4, it is ORDERED: 

Section L Upon resuming their employment 
with the State all State employees on military 
leave without pay from their regular State em- 
ployment on account of extended active duty 
with the Armed Forces of the United States dur- 
ing the Persian Gulf Conflict, shall be given 80 
hours (10 days) special readjustment leave to be 
used by such employees prior to returning to 
work. 

Section 2. For the purposes of this Executive 
Order: 

(a) "Persian Gulf Conflict" shall refer to that 
time beginning August 2. 1990, and end- 
ing when this Executive Order is revoked. 

(b) "State employees" shall refer to all persons 
employed by the State or agencies of the 
State who are paid in whole or in part 
with State funds, including employees of 
local education agencies and community 
colleges. 

Section 3^ This special readjustment leave shall 
be in addition to the regular leave earned by such 
State employees. Any such leave that is not used 
within twelve months after the recipient has re- 
turned to work or prior to his separation from 
State employment, shall be lost. 

Section 4_ This special readjustment leave shall 
be administered by the Office of State Personnel. 

Section 5. The following Council of State 
members are hereby given special recognition for 
the concurrence and encouragement they have 
given to me in promulgating this executive order: 

James C. Gardner 
Lieutenant Governor 

Harlan E. Boyles 
State Treasurer 

John C. Brooks 
Commissioner of Labor 

Rufus L. Edmisten 
Secretary of State 

Bobby R. Ethridge 
Superintendent of Public Instruction 

James A. Graham 
Commissioner of Agriculture 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



EXECUTIVE ORDERS 



James E. Long 
Commissioner of Insurance 



Special recognition is also given to the State 
Personnel Commission and Office of State Per- 
sonnel for their endorsement of the same. 



Hdward Renfrow 
State Auditor 

Lacy H. Thornburg 
Attorney General 



Section fr This executive order shall be effec- 
tive immediately and shall continue in effect until 
revoked by me or my successor. 

Done in Raleigh, North Carolina this 7th day 
of March, 1991. 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMUNITY DEVELOPMENT 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Xorth Carolina Alcoholic 
Beverage Control Commission intends to amend 
rule(s) cited as 4 NCAC 2R .1502. 



ed effective date of this action is Au- 



1 he propose 
gust 1, 1991. 

1 he public hearing will be conducted at 9:30 
a.m. on May 3. 1991 at the Commission Hearing 
Room. 3322 Garner Road. Raleigh. NC 27610. 



Cc 



omment Procedures: Written comments and 
arguments should be submitted prior to May 3, 
1991 to the ABC Commission, P.O. Box 26687, 
Raleigh, S.C. 2761 1-6687. Persons desiring to 
speak at the hearing are requested to notify the 
ABC Commission at (919) 779-0700 prior to May 
3, 1991. Fiscal Xote pursuant to G.S. 

150B-1 1(4) may be obtained from the agency. 

CHAPTER 2 - ALCOHOLIC BEVERAGE 
CONTROL COMMISSION 

SUBCHAPTER 2R - ORGANIZATIONAL RULES: 
POLICES AND PROCEDURES 



SECTION .1500 



PRICING OF SPIRITUOUS 
UIQUOR 



.1502 MARKUP FORMULA 

(a) On every delivered case of spirituous liq- 
uors, there is to be added a 75.3681 77,5250 per- 
cent markup, which is derived by the following 
formula: (x) equals the base price of the case, in- 
cluding freight and bailment charges. Thirty 
throe a«4 thirty six Thirty-five hundredths 
percent equals the markup allowed local boards; 
therefore, 1.3336(x) 1.3500(x) equals the deliv- 
ered case cost plus the 33.36 35.00 percent local 
markup, or the "retail price," excluding all taxes. 



Example: 



.33360000 
.373 10800 

.016676(x) 
.75368100 



local markup 



»l 



1.3336001 

st at a te* retained locally 

ftr£%-& n .3336001 
total markup 



(b) The selling price of spirituous liquor, which 
includes the cost of goods, local markup and all 
taxes, is derived by following these steps: 

(1) Determine the subtotal case cost by adding 
base case cost, freight and bailment to- 
gether; 

(2) Multiply the subtotal case cost by 
1.753681, "l. 775250. to four decimals; 

(3) Add the bailment surcharge as determined 
by the commission; 

(4) Divide the result by the number of bottles 
in the case; 

(5) Add five cents ($.05) rehabilitation tax 
[Add one cent ($.01) for bottles 50 ml. or 
less]; 

(6) Add five cents ($.05) for the local board 
charge [Add one cent ($.01) for bottles 50 
ml. or less]; 

(7) Round the result to an integer evenly di- 
visible by five cents ($.05). The breaking 
point is one cent ($.01), 1 mill; the mill is 
underlined. 

(A) If cent equals $ .00, it remains $ .00; 

(B) If cent equals $ .05, it remains $ .05; 

(C) If cent equals $ .010, (mill is 0), round 
downward to $ .00; 

(D) If cent equals $ .011, (if mill is 1-9), 
round upward to $ .05; 

(E) If cent equals $ .060, (mills is 0), round 
downward to $ .05; 

(F) If cent equals $ .061, (if mill is 1-9). 
round upward to $ .10; 

(G) If cent equals $ All, .42, .43. .44, 
round upward to $ .45; 

(H) If cent equals $ .461, .47, .48, .49, 
round upward to $ .50; 

(8) The result is the retail selling price per 
bottle. 



WH 



Example: 

$38.55 

4ft+» 

+ 13.3110 

53.3410 
11.0361 

1.8671 



Distiller's Price 
Distiller's Freight 
Bailment charges 
Subtotal «±*e eest 
Markup ($10.00 X- 33.36%) 
feSr 18B 801(b)(3) 

Stete Tajt (53.3110 ^ 2»%-fr 
GtS, 1SB 801(b)(1) 
Additional markup 
(53.3 1 10 X- Jr»%4 
G^rr ISO 801(b)(5) 



Example: .350000(x) local markup 

.37S000(x) state tax [28% of 

1.3500(x)| 
.047250(x) state tax retained locally 

|3.5% of 1.3500(x)[ 
.775250(x) total markup 



70.1 175 

70.7075 
44 



Cas e 6©st te- few decimals 
Bailment surcharge 
QtSt 18B 801(b)(6a) 

Divide by- the number e£ 
bottles m the ease 



6:1 SORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



&*T 



5.S923 
£$ 

AS 

5.0923 

S 6.00 

±- xs+ 

$ 8r&4- 



£34v^S 

4Qrm 

1. 753681 



70.1171 

70.7071 
4-2- 

5.SQ23 

£$ 

5.9923 



$ 6 ,00 
* 8^4- 



A44 bottle * churgo 
GrSr 18B 801(b)(6) 
A44 additional bottlo 
charge* G^r 1 8 B 801(b)(6b) 
Round tke rer . uk to a» 
integer evenly divisible 

Kl C, 1 r. . ■. m) ,- / C fW\ 

R.etail wiling pric e pt*f 
bottle to »«■ individual 
Mixed heveraae ta* 
GtSt 1SB S()Kb)(S) 
Selling price to a mixed 
beverage permittee 



Distiller ; , -Pftee 
Distiller's Fr e ight 
Bailment charge '. 
Subtotal ease eost- 

Markup formula (include; . 
markup aftd required taxes) 
Case eos* to fo«f decimals 
Add bailment surcharge 



Divide by number ef bottl e ;' . 

Add bottle charge 
Add additional bottle 
charge 

Round toe result to aft 
integer e v e nly divisible 
by five cent;- . ($.05) 
Retail selling price oef 
bottle to aft individual 
Mixed beverage to* 
Selling price to a mixed 
beverage permittee 



Statutory Authority 
1SB-207; ISB-S04. 



G.S. ISB-203(a)(3); 



TITLE 10 - DEPARTMENT OE HUMAN 
RESOURCES 

iV otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Commission for Mental Health, 
Developmental Disabilities and Substance Abuse 
Services intends to adopt rule(s) cited as 10 
NCAC / -IK .0366- .0367. 

1 he proposed effective date of this action is A u- 
gust 28, 1991. 



1 he public hearing will be conducted at 10:00 
a.m. on May 15, 1991 at the Archdale Building, 
512 N. Salisbury St., Raleigh. A'C 27604-1159, 
Public Hearing Room - Ground Floor. 

Comment Procedures: Any interested person 
may present his comments by oral presentation or 
by submitting a written statement. Persons wish- 
ing to make oral presentations should contact 
Marilyn Brothers, Dhision of Mental Health, De- 
velopmental Disabilities and Substance Abuse 
Services, 325 N. Salisbury St.. Raleigh, NC 
27603, (919) 733-4774 by May 14. 1991. Written 
comments must be sent to the above address and 
must state the rule(s) to which the comments are 
addressed. Fiscal information on these Rules is 
also available from the same address. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER I4K - CORE LICENSURE RULES 

EOR MENTAL HEALTH: MENTAL 

RETARDATION AND OTHER 

DEVELOPMENTAL DISABILITIES: AND 

SUBSTANCE ABUSE FACILITIES 

SECTION .0300 - FACILITY AND PROGRAM 
MANAGEMENT 

.0366 APPLICABLE CLIENTS' RIGHTS 
STATUTES 

Each facility shall have and implement policies 
and procedures to ensure the rights of clients. 
These procedures shall be in accordance with the 
following statutes, as applicable: 

(1) G.S. 122C-51. Declaration of policy on 
clients' rights; 

(2) G.S. 122C-52. Right to confidentiality; 

(3) G.S. 122C-53. Exceptions; client; 

(4) G.S. 122C-54. Exceptions; abuse reports 
and court proceedings; 

(5) G.S. 122C-55. Exceptions; care and 
treatment; 

(6) G.S. 122C-56. Exceptions; research and 
planning; 

(7) G.S. 122C-57. Right to treatment and 
consent to treatment; 

(8) G.S. 122C-58. Civil rights and civil reme- 
dies; 

(9) G.S. 122C-59. L'se of corporal punish- 
ment; 

(10) G.S. 122C-60. Use of physical restraints 
or seclusion; 

(11) G.S. 122C-61. Treatment rights in 
24-hour facilities; 

(12) G.S. 122C-62. Additional rights in 
24-hour facilities; 

(13) G.S. 122C-65. Offenses relating to clients; 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



(14) G.S. 122C-66. Protection from abuse and 
exploitation; reporting; and 

(15) G.S. BOA- 143. Confidentiality of infor- 
mation regarding communicable diseases 
and conditions. 

Statutory Authority G.S. 122C-26; 122C-51 
through 1 22C-62; 122C-65; 122C-66; BOA- 143; 
143B-I47. 

.0367 USE OF INTERVENTION PROCEDURES 

(a) For the purposes of this Rule, the following 
definitions apply to Paragraphs (b), (c) and (d) 
of this Rule: 

(1) "Isolation time out" means the removal 
of a client from positive reinforcement to 
a separate room from which exit is barred 
but which is not locked and where there 
is continuous supervision by staff. 

(2) "Restraint" means the limitation of a cli- 
ent's freedom of movement by: 

(A) physical hold for the purpose of sub- 
duing the client; 

(B) ''mechanical restraint" which is the use 
of mechanical devices for the purpose of 
controlling behavior including, but not 
limited to, cuffs, ankle straps, sheets, or 
restraining shirts; or 

(C) "protective restraint" which is the use 
of protective devices to provide support 
and safety for weak and feeble clients, or 
to prevent medically ill clients from re- 
moving intravenous tubes, indwelling 
catheters, cardiac momtor electrodes, etc. 
Such devices may include posey vests, 
geri-chairs, table-top chairs or soft ties. 

(3) "Restrictive facility" means a facility 
which employs the use of mechanical re- 
straint or seclusion in order to restrict a 
client's freedom of movement. A judicial 
determination as specified in G.S. 
122C-223 and 122C-232 is required for 
minor clients and incompetent adult cli- 
ents who are admitted to a restrictive fa- 
cility. 

(4) "Seclusion" means isolating a client in a 
separate locked room for the purpose of 
controlling a client's behavior. 

(b) The use of mechanical restraint or seclusion 
shall be as follows: 

(1) Those facilities which intend to employ 
the use of mechanical restraint or seclu- 
sion of a client shall be designated as a 
restrictive facility by the Division of Fa- 
cility Services. 

(2) The use of mechanical restraint and se- 
clusion shall be limited to those instances 
specified in G.S. 122C-60. Those proce- 



dures shall be administered only by staff 
whose credentials, training and experience 
have been examined and determined by 
the governing body to be adequate to 
qualify staff to employ such procedures. 

(3) The governing body shall determine 
which forms of mechanical restraint or 
seclusion may be utilized by the facility. 
There shall be written policies and proce- 
dures that govern mechanical restraint and 
seclusion to include the following: 

(A) training of all staff who are authorized 
to use mechanical restraint or seclusion 
and documentation of such training; and 

(B) requirements for documentation re- 
garding the use of mechanical restraint or 
seclusion in the client record to include, 
but not be limited to: 

(i) a description of the mechanical re- 
straint or seclusion procedures and the 
date and time of its use; 

(ii) the rationale for mechanical restraint 
or seclusion which addresses the inade- 
quacy of less restrictive intervention 
techniques; 

(iii) a description of the client's behavior 
indicating imminent danger of abuse or 
injury to himself or others, or substan- 
tial property damage; 

(iv) the frequency, intensity, and duration 
of the behavior and any precipitating 
circumstances contributing to the onset 
of the behavior; and 

(v) the signature and title of the employee 
responsible for the use of the procedure. 

(4) Mechanical restraint or seclusion shall not 
be employed as retaliatory punishment or 
for the convenience of staff or used in a 
manner that causes harm or undue phys- 
ical discomfort or pain to a client. WTien 
mechanical restraint or seclusion is used 
as a part of a behavior modification pro- 
gram, positive alternatives shall always 
accompany these procedures. 

(5) Any room used for seclusion shall meet 
the following criteria: 

(A) The room shall be designed and con- 
structed to ensure the health, safety and 
well-being of the client. 

(B) The floor space shall not be less than 
60 square feet, with a ceiling height of not 
less than eight feet. 

(C) Floor and wall coverings, as well as any 
contents of the room, shall have a one- 
hour fire rating and shall not produce 
toxic fumes if burned. 

( D) The walls shall be kept completely free 
of objects. 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



(E) A lighting fixture, equipped with a 
minimum of a 75 watt bulb, shall be 
mounted in the ceiling and be screened to 
prevent tampering by the client. 

(F) One door of the room shall be equipped 
with a window mounted in a manner 
which allows inspection of the entire 
room. Glass in any windows shall be 
impact-resistant and shatterproof. 

(G) The room temperature and ventilation 
shall be comparable and compatible with 
the rest of the facility. 

(II) In a room where the door is not under 
direct observation by staff and if a staff 
person is not assigned to continuously 
observe the area during the duration of the 
confinement, the lock on the room shall 
be interlocked with the fire alarm system 
so that the door automatically unlocks 
when the fire alarm is activated. 

(6) A staff member determined qualified to 
administer mechanical restraint and seclu- 
sion may employ such procedures for pe- 
riods up to one hour without the order of 
a physician. 

(7) In order to continue the use of mechan- 
ical restraint or seclusion for longer than 
one hour, a physician shall be consulted. 
The physician shall conduct a clinical as- 
sessment of the client in order to ascertain 
that the procedure is justified. If the 
physician concurs that mechanical re- 
straint or seclusion is needed for longer 
than one hour, he shall write an order to 
continue the procedure. The physician's 
order shall be written within 12 hours 
from the time of initial employment of the 
procedure. 

(8) If a physician is not immediately available 
to the facility, a qualified professional, 
who has experience and training in the use 
of mechanical restraints and seclusion and 
who has been deemed qualified to employ 
such procedures, shall be consulted as an 
interim measure. The qualified profes- 
sional shall observe and assess the client 
before ordering continued use of mechan- 
ical restraint or seclusion. If it is not 
possible for the qualified professional to 
assess the client prior to issuing the order, 
he shall observe and assess the client 
within one hour after ordering continua- 
tion of the procedure. The order written 
by the qualified professional shall be con- 
sidered a temporary order which is valid 
only until a physician conducts an assess- 
ment and writes an order. However, the 



qualified professional's order is valid for 
no more than 12 hours. 
(9) Whenever mechanical restraint or seclu- 
sion is ordered, the following require- 
ments shall be met: 

(A) The order shall specify the reason for 
restraining or secluding the client and the 
estimated amount of time needed. 

(B) Written orders shall be time-limited: 

(i) Physician's orders shall not exceed 24 
hours from initial employment of the 
procedure. 

(ii) Qualified professional's orders shall 
not exceed 12 hours from initial em- 
ployment of the procedure. 

(C) If the client is unable to gain self- 
control within the time-frame specified in 
the written order, a new order shall be 
obtained. 

(D) Standing orders or PRN orders shall 
not be used to authorize the use of me- 
chanical restraint or seclusion. 

(10) While the client is in mechanical restraint 
or seclusion, the following precautions 
shall be followed: 

(A) Periodic observation of a client shall 
occur at least every 15 minutes, or more 
often as necessary, to assure the safety and 
physical well-being of the client. Appro- 
priate attention shall be paid to the pro- 
vision of regular meals, bathing, and the 
use of the toilet. Such observation and 
attention shall be documented in the cli- 
ent record. 

(B) When mechanical restraint is used in 
the absence of seclusion and the client 
may be subject to injury, a staff member 
shall remain present with the client con- 
tinuously. 

(11) The client shall be removed from re- 
straint or seclusion when he no longer 
demonstrates dangerous behavior. In no 
case shall the client remain in mechanical 
restraint or seclusion longer than one hour 
after gaining behavioral control unless the 
client is asleep during regularly scheduled 
sleeping hours. 

(12) Reviews and reports on the use of me- 
chanical restraint and seclusion shall be 
conducted as follows: 

(A) All uses shall be reported daily to the 
Facility Director or his designee. 

(B) The Facility Director or his designee 
shall review daily all uses and investigate 
unusual or possibly unwarranted patterns 
of utilization. 

(C) Each Facility Director or his designee 
shall maintain a statistical record of the 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



use of these procedures which shall be 
available on a monthly basis to the gov- 
erning body and to the licensing agency, 
upon request, and shall be retained by the 
facility for a minimum of 24 months, 
(c) The use of isolation time-out shall be as 
follows: 

( 1 ) Isolation time-out may be used in non- 
restrictive facilities. This procedure shall 
be employed only when there is iinminent 
danger of abuse or injury to the client or 
others, when substantial property damage 
is occurring, or when isolation time-out is 
necessary as a measure of therapeutic 
treatment. 

(2) Isolation time-out shall be administered 
only by staff whose credentials, training 
and experience have been examined and 
determined by the governing body to be 
adequate to qualify staff to employ such 
procedure. 

(3) The governing body shall determine ac- 
ceptable procedures for employing iso- 
lation time-out. There shall be written 
policies and procedures that govern iso- 
lation time-out to include the following: 

(A) training of all staff who are authorized 
to use isolation time-out and documenta- 
tion of such training: and 

(B) requirements for documentation re- 
garding the use of isolation time-out in the 
client record to include, but not be limited 
to: 

(i) a description of the isolation time-out 
procedure and the date and time of its 
use; 

(ii) the rationale for isolation time-out 
which addresses the inadequacy of less 
restrictive intervention techniques; 

(iii) a description of the client's behavior 
indicating imminent danger of abuse or 
injury to himself or others, or substan- 
tial property damage; 

(iv) the frequency, intensity, and duration 
of the behavior and any precipitating 
circumstances contributing to the onset 
of the behavior; and 

(v) signature and title of the employee 
responsible for the use of the procedure. 

(4) Isolation time-out shall not be employed 
as retaliatory punishment or for the con- 
venience of staff or used in a manner that 
causes harm to a client. When isolation 
time-out is used as part of a behavior 
modification program, positive alterna- 
tives shall always accompany these proce- 
dures. 



(5) Any room used for isolation time-out 
shall meet the following criteria: 

(A) The room shall be designed and con- 
structed to ensure the health, safety and 
well-being of the client. 

(B) The floor space shall not be less than 
50 square feet, with a ceiling height of not 
less than eight feet. 

(C) Floor and wall coverings, as well as any 
contents of the room, shall have a one- 
hour fire rating and shall not produce 
toxic fumes if burned. 

(D) The walls shall be kept completely free 
of objects. 

(E) A lighting fixture, equipped with a 
minimum of a 75 watt bulb, shall be 
mounted in the ceiling and be screened to 
prevent tampering by the client. 

(F) One door of the room shall be equipped 
with a window mounted in a manner 
which allows inspection of the entire 
room. Glass in any windows shall be 
impact-resistant and shatterproof. 

(G) The room temperature and ventilation 
shall be comparable and compatible with 
the rest of the facility. 

(6) A staff member determined qualified to 
administer isolation time-out shall au- 
thorize each use of isolation time-out, up 
to two hours within any 24 hour period. 
The qualified professional shall observe 
and assess the client before authorizing the 
use of isolation time-out. Each authori- 
zation shall be for no more than one 
hour's duration. Whenever a client is 
placed in isolation time-out for more than 
two hours in any 24 hour period, the Di- 
rector of the facility or his designee shall 
assess the client in order to ascertain that 
the procedure is justified. If the Facility 
Director or his designee agrees with the 
qualified professional, he shall be respon- 
sible for authorizing each additional 
placement in isolation time-out during 
that 24 hour period. 

(7) Whenever isolation time-out is author- 
ized, the following requirements shall be 
met: 

(A) The authorization shall specify the rea- 
son for isolation time-out and the esti- 
mated amount of time needed. 

(B) Authorization shall be time-limited and 
shall not exceed one hour per authori- 
zation, or two hours within any 24 hour 
period. 

(C) If the client is unable to gain self- 
control within the time-frame specified in 



6:1 NORTH CAROLINA REGISTER April 2, 1 99 1 



PROPOSED RULES 



the authorization, the Facility Director or 
his designee shall be consulted. 

(8) While the client is in isolation time-out, 
there shall be a staff person in attendance 
with no other immediate responsibility 
than to monitor the client who is placed 
in isolation time-out. There shall be 
continuous observation and verbal inter- 
action with the client. Such observations 
shall be documented in the client record. 

(9) The client shall be removed from iso- 
lation time-out when he no longer dem- 
onstrates dangerous behavior. 

(10) Reviews and reports on the use of iso- 
lation time-out shall be conducted as fol- 
lows: 

(A) All uses shall be reported daily to the 
Facility Director or his designee. 

(B) The Facility Director or his designee 
shall review daily all uses and investigate 
unusual or possibly unwarranted patterns 
of utilization. 

(C) Each Facility Director or his designee 
shall maintain a statistical record of the 
use of tills procedure which shall be 
available on a monthly -basis to the gov- 
erning body. Such records shall be re- 
tained by the facility for a minimum of 24 
months. 

(d) Whenever protective restraint is used, the 
governing body shall ensure that: 

( 1 ) the necessity for the protective devices has 
been assessed and the device applied by 
an individual who has been trained and 
clinically privileged in the utilization of 
protective devices; 

(2) the client is frequently observed and pro- 
vided opportunities for suth activities as 
toileting and exercise, as needed, but no 
less often than every two hours; 

(3) whenever a client is restrained and subject 
to injury by another client, a staff member 
shall remain present with the client con- 
tinuously; 

(4) observations and interventions shall be 
documented in the client's record; and 

(5) the utilization of protective devices shall 
be documented in the client's nursing care 
plan, when applicable, and treatment/ ha- 
bilitation plan. 

Statutory Authority G.S. 122C-26; 122C-51; 
122C-53; 122C-60; I3IE-67; 143B-147. 

****************** 



iV otice is hereby given in accordance with G.S. 
150B-12 that the Department of Human 
Resources/ Division of Medical Assistance intends 
to amend mle(s) cited as 10 NCAC 26H .0205. 

1 he proposed effective date of this action is A u- 
gust 1, 1991. 

1 he public hearing will be conducted at 1:30 
p.m. on May 2. 1991 at the North Carolina Divi- 
sion of Medical Assistance, 1985 Umstead Drive, 
Room 201, Raleigh, N.C. 27603. 



Co 



■ omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
May 2, 1991. to: Division of Medical Assistance, 
1985 Umstead Drh'e. Raleigh. North Carolina 
27603, ATTN.: Bill Hottcl, APA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0205 PAYMENT FOR LOWER THAN ACUTE 
LEVEL OF CARE 

(a) Days for authorized skilled nursing or inter- 
mediate care level of service rendered in an acute 
care hospital will be reimbursed at a rate equal 
to the average cost of all such Medicaid days 
based on rates in effect for the long term care 
plan year beginning October +7 19S1. October 
]_ 

(b) Davs for ventilator-dependent patients may 
be paid for up to ISO days after the three admin- 
istrative davs if the hospital is unable to place the 
patient in a lower level facility. An extension 
may be granted. A single all-inclusive prospec- 
tive per diem rate is paid, equal to the average 
rate paid to nursing facilities for ventilator- 
dependent services. The hospital must actively 
seek placement of the patient in an appropriate 
facility. 

Authority G.S. 108A-25(b); 10SA-54: 108A-55; 
S.L. 1985, c. 479, s. 86; 42 C.F.R. 447. Subpart 
C. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



6.1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



iV otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Commission for Health Services 
and Department of Environment, Health, and 
Natural Resources intends to adopt rule(s) cited 
as 15A NCAC 13A .00/6 - .0017. 

1 he proposed effective date of this action is A u- 
gust I, 1991. 

1 he public hearing will be conducted at 1:30 
p.m. on May 1 , 1991 at the Ground Floor Hearing 
Room. Archdale Building, 512 North Salisbury 
Street, Raleigh. North Carolina. 



Cc 



omment Procedures: A ny person may request 
copies of the proposed rides bv contacting John 
P. Barklev. DEI IX R. P.O. Box 27687/ Raleigh. 
NC 27611-7687, (919) 733-7247. Written com- 
ments on these rides may be sent to Mr. Barklev 
at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least three days 
prior to the public hearing. At the discretion of 
the Chairman, the public may also be allowed to 
comment on the ndes at the Commission Meeting. 
Fiscal notes on these ndes are available from Mr. 
Barkley. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS WASTE 
MANAGEMENT 

.0016 SPECIAL PURPOSE COMMERCIAL 
HAZARDOUS WASTE FACILITY 

(a) The Department shall evaluate all com- 
mercial hazardous waste facilities to determine a 
score for each facility in accordance with Para- 
graph (h) of this Rule. 

(b) A score for each facility shall be determined 
by adding the total score for Subparagraphs 
(b)(1) - (b)(7) of this Rule and subtracting the 
score for Subparagraph (b)(8) of this Rule. 

( 1 ) A score shall be assigned for smallness of 
the facility by adding the applicable score 
for storage and the applicable score for 
treatment using Table 1. 



Treatment: 
(gallons' 
per day) 



< 10,000 
10,000-100,000 
> 100,000 



(2) A score shall be assigned for type of 
treatment permitted by adding the score 
for each type of treatment performed by 
the facility using Table 2. 



TABLE 2 




Tvpe of Treatment Permitted 


Score 


Storage Only 


1 


Solvent Recovers* 


2 


Metal Recovery* 


2 


Energy Recovery 


2 


Fuel Blending 


2 


Aqueous Treatment 


3 


Stabilization 


2 


Incineration 


5 


Residuals Management 


5 


Other Treatment 


2 



(3) A score shall be assigned for the nature of 
waste by adding the score for acute waste, 
if acute waste totals more than 1,000 
pounds, and the score for each other type 
of waste that constitutes ten percent or 
more of the total waste handled by the 
facility, using Table 3. However, if the 
facility is permitted for storage only and 
no treatment is performed, the score for 
nature of waste shall be reduced bv one- 
half. 

TABLE 3 



Nature of Waste (from 
Annual Report ) 

Corrosive 

Ignitable 

Reactive 

Toxicity Characteristic 

Listed Toxic 

Acute 



Score 

1 

2 
2 
2 
2 
3 



(4) A score shall be assigned for volume of 



Smallness 


TABLE 1 
Permit 




waste bv using the a 
Table 4.' 


of Facility 


Capacity 


Score 


TABLE 4 


Storage: 
(gallons) 


< 10,000 
10,000-100,000 
> 100,000 


I 

2 
3 


Volume of Waste (Tons 
from Annual Report) 



Score 



.000 



10 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



2.000-10,000 
10,000-20,000 



2 
3 



(5) A score shall be assigned for uniformity, 
similarity and lack of diversity of waste 
streams by using the applicable score in 
Table 5. 

TABLE 5 



Uniformity. Similarity, lack of 
Diversity of Waste Streams 



(EPA Waste Numbers) 



<5 

5-75 
>75 



Score 

1 

2 
3 



(6) A score shall be assigned for predictability 
and treatability of waste streams by using 
the applicable score in Table 6. 

TABLE 6 

Predictability and Treatability 

of Waste Streams Score 

Simple Waste Stream and Treatment 1 
Complex and/or Incompatible 2 

(7) A score shall be assigned for compliance 
history for the past two years by using the 
highest applicable score in Table 7. 



Compliance 
Two Years 



TABI 1 7 



History for Past 



Class II Violations 
Class I Violations 
Penalties or Injunctions 



Score 

1 

2 
3 



(8) A score shall be assigned for on-site recla- 
mation by using the applicable score in 
Table 8. 



TABLE 8 

On-site Reclamation (Credit Given) 



Pretreatment 
Reclamation 



Score 

1 

2 



(c) A commercial hazardous waste facility 
(other than an incinerator or a land disposal fa- 
cility) with a volume of waste of 20,000 tons or 
less per year and having a total score pursuant to 



Paragraph (b) of this Rule of less than 30 is des- 
ignated as a special purpose commercial hazard- 
ous waste facility. These facilities shall be 
classified as follows: 



( 'atcgory 



Total Score 


1 - 


11 


12 


■ 20 


21 


•29 



(d) The information referred to in Paragraph 
(b) of this Rule shall be determined based on the 
facility's permit, the previous year's annual re- 
port, and compliance history. If no annual re- 
port was submitted, quarterly projections of 
waste volume shall be submitted to the Depart- 
ment by the facility. Each facility may be re- 
evaluated at any time new information is received 
by the Department concerning the factors in 
Paragraph (b) of this Rule. 

(e) The frequency of inspections at special 
purpose commercial hazardous waste facilities 
shall be determined by the facility's classification 
as follows: 



Category 



Minimum Inspections 

2 per month 
4 per month 
6 per month 



Statutory Authority G.S. l30A-295.02(j). 

.0017 FEE SCHEDLLES 

(a) A commercial hazardous waste storage, 
treatment, or disposal facility other than a special 
purpose facility shall pay monthly, in addition to 
the fees applicable to all hazardous waste storage, 
treatment, or disposal facilities as required by 
G.S. 130A-294. 1, a charge of forty-one dollars 
($41.00) per hour of operation. The fee shall be 
paid for any time when hazardous waste is man- 
aged or during periods of maintenance, repair, 
testing, or calibration. Each facility shall submit 
an operational schedule to the Department on a 
quarterly basis. 

(b) A special purpose commercial hazardous 
waste facility shall pay monthly, in addition to 
the fees applicable to all hazardous waste treat- 
ment, storage or disposal facilities as required by 
G.S. 130A-294.1, a charge of three dollars ($3.00) 
per ton of hazardous waste received during the 
previous month and an additional charge based 
on the frequency of inspections as follows: 



Category 



Fee 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



II 



PROPOSED RULES 



$888.00 
$1,776.00 
$2,664.00 



Statutory Authority G.S. 1 30 A-295. 02(h). 



****************** 



iV otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Commission for Health Services 
and Department of Environment , Health, and 
Natural Resources intends to amend rulefs) cited 
as 15.4 XCAC I3A .0006, .0009 - .0011, .0013; 
16.4 .0702, .0^1 1; 18.4 .1937. .1952, .1954- .1955. 
.1958, .1961 - .1962; ISC .0102; 19B .0503; 19C 
.0601 - .0607; 21 A .0817; 26A .0001; and adopt 
rule(s) cited as 15A \C.4C 16.4 .0211. 

1 he proposed effective date of this action is Au- 
gust 1, 1991. 

1 he public hearing will be conducted at 1:30 
p.m. on May 1 . 1991 at the Ground Floor Hearing 
Room, Archdale Building. 512 North Salisbury 
Street. Raleigh. Sorth Carolina. 

(_ ornment Procedures: Any person may request 
copies of the proposed rules by contacting John 
P. Barkley, DFHSP. P.O. Box 27687, Raleigh, 
NC 27611-7687, (9/9) 733-7247. Written com- 
ments on these rules may be sent to Mr. Barkley 
at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least 3 days prior 
to the public hearing. At the discretion of the 
Chairman, the public may also be allowed to 
comment on the rules at the Commission Meeting. 
Fiscal notes on applicable rules are available from 
Mr. Barkley. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS WASTE 
MANAGEMENT 

.0006 IDENTIFICATION AND LISTING OF 
HAZARDOUS WASTES - PART 261 

(d) 40 CFR 261.30 through 261.33 261.35 
(Subpart D). "Lists of Hazardous Wastes" have 
been adopted by reference in accordance with 
G.S. 150B- 14(c).' 

Statutory Authority G.S. 130A-294(c). 

.0009 STANDARDS FOR OWNERS/ 
OPERATORS OF I1WTSD 
FACILITIES - PART 264 



(r) The following are additional location 
standards for facilities: 

(1) In addition to any other location standards 
set forth elsewhere in these Rules, the 
Department, in determining whether to 
issue a permit for a hazardous waste 
management facility, shall consider the 
risks posed by the proximity of the facility 
to water table levels, flood plains, water 
supplies, public water supply watersheds, 
mines, natural resources such as wetlands, 
endangered species habitats, parks, forests, 
wilderness areas, and historical sites, and 
population centers and shall consider 
whether provision has been made for ad- 
equate buffer zones. The Department 
shall also consider ground water travel 
time, soil pH, soil cation exchange capac- 
ity, soil composition and permeability, 
slope, climate, local land use, transporta- 
tion factors such as proximity to waste 
generators, route, route safety, and 
method of transportation, aesthetic factors 
such as the visibility, appearance, and 
noise level of the facility; potential impact 
on air quality, existence of seismic activity 
and cavernous bedrock. 

(2) The following minimum separation dis- 
tances shall be required of all hazardous 
waste management facilities except that 
existing facilities shall be required to meet 
these minimum separation distances to 
the maximum extent feasible: 

(A) .All hazardous waste management facil- 
ities shall be located at least 0.25 miles 
from institutions including but not limited 
to schools, health care facilities and pris- 
ons, unless the owner or operator can 
demonstrate that no unreasonable risks 
shall be posed by the proximity of the fa- 
cility. 

( B ) All hazardous waste treatment and 
storage facilities shall comply with the 
following separation distances: all hazard- 
ous waste shall be treated and stored a 
minimum of 50 feet from the property line 
of the facility: except that all hazardous 
waste with ignitable, incompatible or re- 
active characteristics shall be treated and 
stored a minimum of 200 feet from the 
property line of the facility if the area ad- 
jacent to the facility is zoned for any use 
other than industrial or is not zoned. 

(C) All hazardous waste landfills, long-term 
storage facilities, land treatment facilities 
and surface impoundments, shall comply 
with the following separation distances: 



12 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



(i) All hazardous waste shall be located 
a minimum of 200 feet from the prop- 
erty line of the facility; 

(ii) Each hazardous waste landfill, long- 
term storage or surface impoundment 
facility shall be constructed so that the 
bottom of the facility is 10 feet or more 
above the historical high ground water 
level. The historical high ground water 
level shall be determined by measuring 
the seasonal high ground water levels 
and predicting the long-term maximum 
high ground water level from published 
data on similar North Carolina 
topographic positions, elevations, 
geology, and climate; and 

(in) All hazardous waste shall be located 
a minimum of 1,000 feet from the zone 
of influence of any existing off-site 
ground water well used for drinking 
water, and outside the zone of influence 
of any existing or planned on-site 
drinking water well. 
(D) Hazardous waste storage and treatment 

facilities for liquid waste that is classified 

as E-P TC toxic, toxic, or acutely toxic and 

is stored or treated in tanks or containers 

shall not be located: 

(i) in the recharge area of an aquifer 
which is designated as an existing sole 
drinking water source as defined in the 
Safe Drinking Water Act, Section 
.1424(e) [42 U.S.C. 300h-3(e)] unless an 
adequate secondary containment sys- 
tem is constructed, and after consider- 
ation of applicable factors in (r)(3) of 
this Rule, the owner or operator can 
demonstrate no unreasonable risk to 
public health; 

(ii) within 200 feet of surface water 
impoundments or surface water stream 
with continuous flow as defined by the 
United States Geological Survey; 

(iii) in an area that will allow direct sur- 
face or subsurface discharge to WS-I, 
WS-II or SA waters or a Class III Res- 
ervoir as defined in 15 NCAC 2B .0200 
and 10 NCAC 10D .0702(6); 

(iv) in an area that will allow direct sur- 
face or subsurface discharge to the 
watershed for a Class I or II Reservoir 
as defined in 10 NCAC 10D .0702 (4) 
and (5); 

(v) within 200 feet horizontally of a 
100-year floodplain elevation; 

(vi) within 200 feet of a seismically active 
area as defined in (c) of this Rule; and 



(vii) within 200 feet of a mine, cave, or 
cavernous bedrock. 
(3) The Department may require any hazard- 
ous waste management facility to comply 
with greater separation distances or other 
protective measures necessary to avoid 
unreasonable risks posed by the proximity 
of the facility to water table levels, flood 
plains, water supplies, public water supply 
watersheds, mines, natural resources such 
as wetlands, endangered species habitats, 
parks, forests, wilderness areas, and his- 
torical sites, and population centers or to 
provide an adequate buffer zone. The 
Department may also require protective 
measures necessary to avoid unreasonable 
risks posed by the soil pi I, soil cation ex- 
change capacity, soil composition and 
permeability, climate, transportation fac- 
tors such as proximity to waste genera- 
tors, route, route safety, and method of 
transportation, aesthetic factors such as 
the visibility, appearance, and noise level 
of the facility, potential impact on air 
quality, and the existence of seismic ac- 
tivity and cavernous bedrock. In deter- 
mining whether to require greater 
separation distances or other protective 
measures, the Department shall consider 
the following factors: 

(A) All proposed hazardous waste activities 
and procedures to be associated with the 
transfer, storage, treatment or disposal of 
hazardous waste at the facility; 

(B) The type of hazardous waste to be 
treated, stored, or disposed of at the facil- 
ity; 

(C) The volume of waste to be treated, 
stored, or disposed of at the facility; 

(D) Land use issues including the number 
of permanent residents in proximity to the 
facility and their distance from the facility; 

(E) The adequacy of facility design and 
plans for containment and control of 
sudden and non- sudden accidental events 
in combination with adequate off-site 
evacuation of potentially adversely im- 
pacted populations; 

(F) Other land use issues including the 
number of institutional and commercial 
structures such as airports and schools in 
proximity to the facility, their distance 
from the facility, and the particular nature 
of the activities that take place in those 
structures; 

(G) The lateral distance and slope from the 
facility to surface water supplies or to 



6:1 NORTH CAROLINA REGISTER April 2,1991 



13 



PROPOSED RULES 



watersheds draining directly into surface 
water supplies; 

(H) The vertical distance, and type of soils 
and geologic conditions separating the fa- 
cility from the water table; 

( I ) The direction and rate of flow of ground 
water from the sites and the extent and 
reliability of on-site and nearby data con- 
cerning seasonal and long-term 
groundwater level fluctuations; 

(J) Potential air emissions including rate, 
direction of movement, dispersion and 
exposure whether from planned or acci- 
dental, uncontrolled releases; and 

(K) Any other relevant factors. 
(4) The following are additional location 
standards for landfills, long-term storage 
facilities and hazardous waste surface 
impoundments: 

(A) A hazardous waste landfill, long-term 
storage, or a surface impoundment facility 
shall not be located: 

(i) in the recharge area of an aquifer 
which is an existing sole drinking water 
source; 

(ii) within 200 feet of a surface water 
stream with continuous flow as defined 
by the United States Geological Survey; 

(lii) in an area that will allow direct sur- 
face or subsurface discharge to WSM, 
YVS-II or SA waters or a Class III Res- 
ervoir as defined in 15 NCAC 2B .0200 
and 10 NCAC 10D .0702(6); 

(iv) in an area that will allow direct sur- 
face or subsurface discharge to a 
watershed for a Class I or II Reservoir 
as defined in 10 NCAC 10D .0702(4) 
and (5); 

(v) within 200 feet horizontally of a 
100-year flood hazard elevation: 

(vi) within 200 feet of a seismically active 
area as defined in (c) of this Rule; and 

(vii) within 200 feet of a mine, cave or 
cavernous bedrock. 

( B ) A hazardous waste landfill or long-term 
storage facility shall be located m highly 
weathered, relatively impermeable clayey 
formations with the following soil charac- 
teristics: 

(i) The depth of the unconsolidated soil 
materials shall be equal to or greater 
than 20 feet; 

(ii) The percentage of fine grained soil 
material shall be equal to or greater 
than 30 percent passing through a 
number 200 sieve; 

dii) Soil liquid limit shall be equal to or 
greater than 30; 



(iv) Soil plasticity index shall be equal to 

or greater than 1 5: 
(v) Soil compacted hydraulic 

conductivity shall be a maximum of 1.0 
x 10-7 cm sec; 
(vi) Soil Cation Exchange Capacity shall 
be equal to or greater than 5 millie- 
quivalents per 100 grams; 
(vii) Soil Potential Volume Change Index 

shall be equal to or less than 4; and 
(viii) Soils shall be underlain by a com- 
petent geologic formation having a rock 
quality designation equal to or greater 
than 75 percent unless other geological 
conditions afford adequate protection 
of public health and the environment. 
(C) A hazardous waste landfill or long-term 
storage facility shall be located in areas of 
low to moderate relief to the extent nec- 
essary to prevent landsliding or slippage 
and slumping. The site may be graded to 
comply with this standard. 

(5) All new hazardous waste impoundments 
that close with hazardous waste residues 
left in place shall comply with the stand- 
ards for hazardous waste landfills in (r)(4) 
of this Rule unless the applicant can 
demonstrate that equivalent protection of 
public health and environment is afforded 
by some other standard. 

(6) The owners and operators of all new haz- 

ardous waste management facilities shall 
construct and maintain a minimum of two 
observation wells, one upgradient and one 
downgradient of the proposed facility: and 
shall establish background groundwater 
concentrations and monitor annually for 
all hazardous wastes that the owner or 
operator proposes to store, treat, or dis- 
pose at the facility. 

(7) The owners and operators of all new haz- 
ardous waste facilities shall demonstrate 
that the community has had an opportu- 
nity to participate in the siting process by 
complying with the following: 

(A) The owners and operators shall hold 
at least one public meeting in the county 
in which the facility is to be located to 
inform the community of all hazardous 
waste management activities including but 
not limited to: the hazardous properties 
of the waste to be managed; the type of 
management proposed for the wastes: the 
mass and volume of the wastes; and the 
source of the wastes: and to allow the 
community to identity specific health, 
safety and environmental concerns or 
problems expressed by the community 



14 



6:1 \ORTH t A ROUS A REGISTER April 2, 1991 



PROPOSED RULES 



related to the hazardous waste activities 
associated with the facility. The owners 
and operators shall provide a public notice 
of this meeting at least 30 days prior to the 
meeting. Public notice shall be docu- 
mented in the facility permit application. 
The owners and operators shall submit as 
part of the permit application a complete 
written transcript of the meeting, all writ- 
ten material submitted that represents 
community concerns, and all other rele- 
vant written material distributed or used 
at the meeting. The written transcript and 
other written material submitted or used 
at the meeting shall be submitted to the 
local public library closest to and in the 
county of the proposed site with a request 
that the information be made available to 
the public. 

(B) For the purposes of this Rule, public 
notice shall include: notification of the 
boards of county commissioners of the 
county where the proposed site is to be 
located and all contiguous counties in 
North Carolina; a legal advertisement 
placed in a newspaper or newspapers 
serving those counties; and provision of a 
news release to at least one newspaper, 
one radio station and one TV station 
serving these counties. Public notice shall 
include the time, place, and purpose of the 
meetings required by this Rule. 

(C) No less than 30 days after the first 
public meeting transcript is available at 
the local public library, the owners and 
operators shall hold at least one additional 
public meeting in order to attempt to re- 
solve community concerns. The owners 
and operators shall provide public notice 
of this meeting at least 30 days prior to the 
meeting. Public notice shall be docu- 
mented in the facility permit application. 
The owners and operators shall submit as 
part of the permit application a complete 
written transcript of the meeting, all writ- 
ten material submitted that represents 
community concerns, and all other rele- 
vant written material distributed or used 
at the meeting. 

(D) The application, written transcripts of 
all public meetings and any additional 
material submitted or used at the 
meetings, and any additions or corrections 
to the application, including any re- 
sponses to notices of deficiencies shall be 
submitted to the local library closest to 
and in the county of the proposed site, 



with a request that the information be 
made available to the public until the 
permit decision is made. 
(E) The Department shall consider unre- 
solved community concerns in the permit 
review process and impose final permit 
conditions based on sound scientific, 
health, safety, and environmental princi- 
ples as authorized by applicable laws or 
rules, 
(s) 40 CFR 264.570 through 264.575 (Subpart 
W). "Drip Pads", have been adopted bv reference 
in accordance with G.S. 1 5013- 14(c). 

(XX (s) 40 CFR 264.600 through 264.603 (Sub- 
part X), "Miscellaneous Units", have been 
adopted by reference in accordance with G.S. 
150B- 14(c). 

(u) (*} 40 CFR 264.1030 through 264.1049 
(Subpart AA), "Air Emission Standards for 
Process Vents", have been adopted by reference 
in accordance with G.S. 150B- 14(c). 

(v) l^f 40 CFR 264.1050 through 264.1079 
(Subpart BB), "Air Emission Standards for 
Equipment Leaks", have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

(w) (v> Appendices to 40 CFR Part 264 have 
been adopted by reference in accordance with 
G.S. 150B-14(c). 

Statutory Authority G.S. 1 30 A- 294(c). 

.0010 INTERIM STATUS STDS FOR 

OWNERS-OP OF HWTSD FACILITIES 
- PART 265 

(j) 40 CFR 265.440 through 265.445 (Subpart 
W), "Drip Pads", have been adopted bv reference 
in accordance with G.S. 150B- 14(c). 

(s) (*) 40 CFR 265.1030 through 265.1049 
(Subpart AA), ".Air Emission Standards for 
Process Vents", have been adopted by reference 
in accordance with G.S. 1 SOB- 14(c). 

(t} (s) 40 CFR 265.1050 through 265.1079 
(Subpart BB), "Air Emission Standards for 
Equipment Eeaks" have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

(u) (t4 Appendices to 40 CFR Part 265 have 
been adopted by reference in accordance with 
G.S. 150B- 14(c)." 

Statutory Authority G.S. B0A-294(c). 

.001 1 STDS FOR THE MGMT OF SPECIFIC 
HW/TYPES HWM FACILITIES - 
PART 266 

(fj 40 CFR 266.100 through 266.122 (Subpart 
H). "Hazardous Waste Burned in Boilers and 



Industrial Furnaces", have been adopted by ref- 
erence in accordance with G.S. 150B- 14(c). 



6:1 NORTH CAROLINA REGISTER April 2,1991 



15 



PROPOSED RULES 



(g) Appendices to 40 CFR Part 266 have been 
adopted bv reference in accordance with G.S. 

l.^'B- 14(c). 

Statutory Authority G.S. 130A-294(c). 

.0013 THE HAZARDOUS WASTE PERMIT 
PROGRAM - PART 270 

(i) 40 CFR 270.60 through 270.65 270.66 
(Subpart F), "Special Forms of Permits", have 
been adopted bv reference in accordance with 
G.S. 1 SOB- 14(c).' 

Statutory Authority G.S. 130A-294(c); 130A-295 
(a) (1), (2), (c). 

CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER 16A - CHRONIC DISEASE 

SECTION .0200 - HOME HEALTH SERVICES 

.0211 SPECIAL PROVISION 

(a) Notwithstanding any other provision of this 
Section, Home Health Services Program funds 
may be used to pay for the provision of in-home 
health care services as defmed in 15A NCAC 16A 
.0701 when such services are provided by a certi- 
fied home health agency which participates in the 
Health Care Services in the Home Demon- 
stration Program codified at 15A NCAC 16A 
.0700. 

(b) Home Health Services Program funds may 
be used by certified home health agencies which 
participate in the Health Care Services in the 
Home Demonstration Program to meet the 
matching fund requirements imposed bv 15A 
NCAC 16A .0711(a). 

Statutory Authority G.S. I30A-5(3J; 130A-223. 

SECTION .0700 - HEALTH CARE SERVICES IN 
THE HOME DEMONSTRATION PROGRAM 

.0702 DEFINITIONS 

The following definitions shall apply through- 
out this Section: 
(1) "In Home Health Care Services" are 
skilled nursing, home health aide, therapy, 
medical social services, ancillary medical 
supplies, durable medical equipment, ease 
management, home mobility aids, telephone 
alert, physician services, nurse practitioner 
services, prychologH ' tr . psychologists' ser- 
vices, nutritionists nutritionists services, re- 
spiratory therapy services, personal care 
services, a«4 self-care education services for 
persons with diabetes or hypertension, and 
case management; these services are pro- 



vided at the patient's place of residence as a 
part of an agency approved plan of care. 

(2) "Home Health Agency" is a public, private 
non-profit or private proprietary' home 
health agency certified by Medicaid and 
Medicare. 

(3) "Demonstration Program" means the 
Health Care Services in the Home Demon- 
stration Program. 

(4) "Skilled Nursing Services" are skilled 
nursing services as defined in Home Health 
Medicaid Manual (HHMM) Section 5202.1 
which is adopted by reference in accordance 
with (j.S. 150B- 14(c). Copies of the 
HHMM may be inspected at or obtained 
from the Demonstration Program Office. 
fLQ. £*►* 3iW4r Ral e igh. North Carolina 
27602. 

(5) "Home Health Aides Services" are home 
health aide services as defmed in HHMM 
Section 5202.2. 

(6) "Personal Care Services" are personal care 
services as defined in the Medicaid Provider 
Manual, which is adopted bv reference in 
accordance with G.S. 1 51 >B- 14(c), copies of 
which may be inspected at or obtained from 
the Demonstration Program Office. 

(7) (-6+ "Therapy Services" are therapy services 
defmed in HHMM Section 5202.3.' 

(8) f?+ "Medical Social Services" are medical 
social services as defmed in 44 C . F . R 
■ 105.1226. HC1 A-Pub. U Section 206. 1 , 
which is adopted bv reference in accordance 
with G.S. 150B- 14(c). Copies of At* Rite 
which may be inspected at or obtained from 
the Demonstration Program Office. P.O. 
U&* JW4-T Raleigh. North Carolina 27602. 

[9] (-8-J- "Durable Medical Equipment (DME)" 
is durable medical equipment as defined in 
Health Caro Financing Administration 
(HCFA) publication 4J-4^ HHMM Section 
5202.5 which is adopted bv reference in ac- 
cordance with G.S. 150B- 14(c). Copies el 
HCFA publication 1 5 1 may be inspected 
at or obtained from the Home I l e alth Sef- 
Demonstration Program Office. P.O. 



Be* JW4r Raleigh. North Carolina 27602. 
1 1 ) fty "Medical Supplies" are medical supplies 
as defined in HCFA publication 15 1. 
HHMM Section 5202.4 which is adopted 
b\ relcrence in ,uv*M\hiiRv w nli ( j S 
150B- 14(c), copies of which may be in- 
spected at- or obtained from the Demon- 
stration Program Office. 



(11) (-H-H "Assessment Evaluations" are evalu- 
ations that identify individuals who are likely 
to be at risk of institutionalization or pro- 
longed or frequent recurring hospitalization 



16 



6:1 XORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



and are likely to need but are unable to af- 
ford skilled medical or related health services 
in order to avoid institutionalization. As- 
sessment evaluations are divided into two 
parts: 

(a) The pre-assessment screening to establish 
presumptive eligibility for the assessment; 
and 

(b) The comprehensive assessment to: 

(i) determine the degree of risk for 
institutionalization or hospitalization if 
the individual does not receive or continue 
to receive skilled medical, health and re- 
lated services in the home; and 

(ii) conduct comprehensive in-home health, 
social, and environmental assessments to 
determine those who need skilled medical 
or related health services, those who need 
both, those who need other in-home ser- 
vices, those who have no need, and those 
whose needs cannot be met in the home. 

(12) (44} "Case Management" is the use of 
multiple and varied services including social, 
rehabilitative, skilled medical and related 
health services that are located, coordinated 
and monitored to meet the needs of eligible 
clients. Case management may only be 
provided in conjunction with at least one 
additional in home health care service. 

(13) (4-2} "Home Mobility Aids" are the pro- 
vision of minor renovations or minor phys- 
ical adaptations to the client's home when 
these adaptations are considered necessary 
to enable clients to remain in the home. 

(14) (44} "Telephone Alert" is a system that 
uses telephone lines to alert a central moni- 
toring facility that there is a medical emer- 
gency in the household. 

15) (44} "Physician Services" are services pro- 
vided by a person licensed to practice medi- 
cine as required by North Carolina statute. 

(16) (44} "Physicians Assistant Services" are 
services provided by an individual author- 
ized to perform medical acts under the 
supervision of a physician pursuant to G.S. 
90-18.1. 

(17) (44} "Nurse Practitioners Services" are ser- 
vices provided by a Registered Nurse who 
has met the requirements of the regulations 
adopted by the Board of Medical Examiners 
and the Board of Nursing pursuant to G.S. 
90-18.2. 

(18) f}4} "Psychologists Services" are services 
provided by a person licensed to perform 
psychological analysis, therapy or research. 

(19) (4-&} "Nutritionists Services" are services 
provided by a registered dietician. 



ill 



(20) (4£} "Respiratory Therapy Services" are 
services for the treatment of disease by using 
breathing devices to restore maximum bod- 
ily function and preventing disability fol- 
lowing disease. These services must be 
provided by a registered, certified respiratory 
therapist. 

(21) (44} "Self-care Education Services" are 
those services that provide self-care skill de- 
velopment to enable patients diagnosed with 
chronic conditions to integrate such skills 
into their daily lives. Self care skills include, 
but are not limited to compliance with 
medication regimen; ability to administer the 
medication correctly; ability to follow meal 
plans and portion exchanges; ability to per- 
form tests, including the ability to monitor 
blood glucose and blood pressure; and the 
ability to use exercise as a therapeutic 
modality. 

(22) (-4+} "Demonstration Program Reimburse- 
ment Rate" is the: 

(a) agency rate or the maximum Medicaid 
rate, whichever is lower, for nursing ser- 
vices, home health aide services and ther- 
apy services, and home mobility aides and 
telephone alert systems; 

(b) interim Medicare rate for medical social 
services, durable medical equipment and 
ancillary medical supplies; and 

(c) schedule of payments that shall be devel- 
oped by the Division of Adult Health for 
assessment evaluation services, self-care 
education services, nutrition services, case 
management services, physicians services, 
physician assistant services, family nurse 
practitioner services, psychologist services 
and other covered services for which nei- 
ther Medicaid nor Medicare has an estab- 
lished reimbursement rate. 

(23) (44} "Third Party Payor" is any person or 
entity that is or may be indirectly liable for 
the cost of sendee furnished to a patient. 
Third party payors include, without limita- 
tion, Medicaid, Medicare, *»4 private insur- 
ance, Veterans Administration, Children's 
Special Health Services and Workers' Com- 
pensation. 

Statutory Authority G.S. 13QA-223. 

.0711 SPECIAL PROVISIONS 

(a) Pach home health agency contracting for 
reimbursement funds must provide, by itself or 
from other non-federal sources: 

( 1 ) A» amount (4 in homo huulth «m* a non- 
federal contribution in cash or in kind, 
fairly evaluated, including plant cquip- 



6:1 NORTH CAROLINA REGISTER April 2, 1 99 1 



r 



PROPOSED RULES 



merit, or in-home services equal to not 
less than twenty-five dollars ($25.00) for 
each seventy-five dollars ($75.00) of first 
year Demonstration Program reimburse- 
ment funds expended under the contract; 

( 2 ) Aft amount ef in home health ewe a non- 

federal contribution in cash or in kind, 
fairly evaluated, including plant equip- 
ment, or in-home services equal to not 
less than thirty-five dollars ($35.00) for 
each sixty-five dollars ($65.00) of second 
year Demonstration Program reimburse- 
ment funds expended under the contract; 
and 

(3) Aft amount »f in home h e alth eafe a non- 

federal contribution in cash or in kind, 
fairlv evaluated, including plant equip- 
ment, or in-home services equal to not 
less than forty-five dollars ($45.00) for 
each fifty-five dollars ($55.00) of third year 
Demonstration Program reimbursement 
funds expended under the contract. 

(b) Each home health agency contracting for 
reimbursement funds shall assure that individuals 
65 years of age and over shall comprise not less 
than 25 percent of the individuals receiving in- 
home health care services under the contract un- 
less this requirement is waived bv the 
Demonstration Program. 

(c) First year Demonstration Program funds in 
an amount not less than 10.5 percent of the total 
federal financial assistance shall be made avail- 
able to support Demonstration Program activ- 
ities and services for innovative, integrated, and 
coordinated ways to serve migrant farm workers 
and AIDS patients within their individual living 
environments. 

Statutory Authority G.S. 1 30.4- 223. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND 
DISPOSAL SYSTEMS 

.1437 PERMITS 

(d) Prior to the issuance of an Improvement 
Permit for a sanitary sewage system to serve a 
condominium or other multiple-ownership de- 
velopment where the system will be under com- 
mon or joint control, a prop e rly executed draft 
agreement (tri-party) among the local health de- 
partment, developer, and a non-profit, incorpo- 
rated proposed owners association shall be 
submitted to the local health department eftt4 
kW with the local register *-4 deedn. for ap- 



proval. Prior to the issuance of an Operation 
Permit for a system requiring a tn-partv agree- 
ment, the agreement shall be properly executed 
among the local health department, developer, 
and a non-profit, incorporated owners associ- 
ation and filed with the local register of deeds. 
The tn-party agreement shall address ownership, 
transfer of ownership, maintenance, repairs, op- 
eration, and the necessary funds for the contin- 
ued satisfactory' performance of the sanitary 
sewage system, including collection, treatment, 
disposal, and other appurtenances. 

Statutory Authority G.S. l30A-335(e) and (f). 

.1952 SEPTIC TANK, DOSING TANK AND 
LIFT STATION DESIGN 

(c) The following are minimum standards of 
design and construction of pump tanks and 
pump dosing systems: 

(2) The effluent pump shall be capable of 
handling at least one-half inch solids and 
designed to meet the discharge rate and 
total dynamic head requirements of the 
effluent distribution system. The pump 
shall be listed by Underwriter's Labora- 
tory or- an equivalent third party electrical 
testing and listing agency, unless the pro- 
posed pump model is specified by a regis- 
tered professional engineer. 

Statutory Authority G.S. 130A-335(e) and (f). 

.1954 MINIMUM STANDARDS FOR PRECAST 

REINFORCED CONCRETE TANKS 
(a) The following are minimum standards of 

design and construction of precast reinforced 

concrete septic tanks: 

(9) The tank shall be reinforced by using a 
minimum reinforcing of six-inch by six- 
inch No. 10 gage welded steel reinforcing 
wire in the top, bottom ends, and sides of 
the tank. The reinforcing wire shall be 
lapped at least six inches. Concrete cover 
shall be required for all reinforcement. 
Reinforcement shall be placed to maxi- 
mize the structural integrity of the tank. 
The tank shall be able to withstand a 
uniform live loading of 150 pounds per 
square foot in addition to all loads to 
which an underground tank is normally 
subjected, such as the dead weight of the 
concrete and soil cover, active soil pres- 
sure on tank walls, and the uplifting force 
of the ground water. Additional re- 
inforcement shall be required when the 
loads on a concrete tank are exceeded by 
subjecting it to vehicular traffic or when 



IS 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



the top of the tank is placed deeper than 
three feet below the finished grade. 

Statutory Authority G.S. l30A-335(e) and (f). 

.1955 DESIGN CRITERIA EOR 

CONVENTIONAL SEWAGE SYSTEMS 

(e) The pipe or tubing used between the septic 
tank and the nitrification line shall be a minimum 
of four inch three-inch nominal sizx Schedule 40 
polyvinyl chloride (PVC), polyethylene (PE), or 
acrylonitrile-butadiene-styrene (ABS) or equiv- 
alent with a minimum fall of one-eighth inch per 
foot. Where a» affluent distribution device is 
used between the septic tank aftd- nitrification 
lifter the pipe ef tubing shall be a minimum ef 
three inch nominal si*e Schedule 4(4 polyvinyl 
chloride (PVC), polyethylene (PE), ©f 
acrylonitrile butadiene styrone (ABS) ef equiv- 
alent . However, three-inch or greater nonperfo- 
rated polyethylene (PE) corrugated tubing may 
be substituted for Schedule 40 pipe between tbe 
a distribution device and the nitrification line if 
the following conditions are met: 

(1) the trench has a minimum bottom width 
of one foot; 

(2) the trench bed is compacted, smooth, and 
at a uniform grade; 

(3) the pipe is placed in the middle of the 
trench with a minimum of three inches of 
clearance between the pipe and the trench 
walls; 

(4) washed stone or washed gravel envelope 
is placed in the trench on both sides of the 
pipe and up to a point at least two inches 
above the top of the pipe; 

(5) a minimum of six inches of soil cover is 
placed and compacted over the stone or 
gravel envelope; and 

(6) earthen dams consisting of two feet of 
undisturbed or compacted soil are placed 
at both ends of the trench separating the 
trench from the distribution device and 
the nitrification line. 

All joints from the septic tank to the nitrification 
line shall be watertight. 

Statutory Authority G.S. l30A-335(e) and (f). 

.1958 NON-GROUND ABSORPTION SEWAGE 
TREATMENT SYSTEMS 

(b) Holding tanks shall not be considered as 
an acceptable sewage treatment and disposal sys- 
tem aftd their »se is prohibited, except when all 
the sewage is collected by- aft approv e d public 
management entity a«4 properly disponed ef ift 
aft approved sanitary sewage syst e m, under the 
rules ot the Commission for Health Services. 



An improvement permit shall not be issued for 
a sewage holding tank. 

Statutory Authority G.S. l30A-335(e) and (f). 

.1961 MAINTENANCE OF SEWAGE SYSTEMS 

(a) Any person owning or controlling the 
property upon which a ground absorption sew- 
age treatment and disposal system is installed 
shall be responsible for the following items re- 
garding the maintenance of the system: 

(1) Ground absorption sewage treatment and 
disposal systems shall be maintained at all 
times to prevent seepage or discharge of 
sewage or effluent to the surface of the 
ground or to surface waters. 

(2) Ground absorption sewage treatment and 
disposal systems shall be checked, and the 
contents of the septic tank removed, peri- 
odically to ensure proper operation of the 
system. 

fb} System management ift accordance with 
Tables V(a) an4 V(b) shall be required fof all 
systems install e d e* repaired alter January 4-r 
1903. Aft e r January 4r 1093, system manage - 
ment in accordance with Tables V(a) aftd- V(b) 
shall be required fof all existing Type V a»4 ¥4- 
systems, jse- improvement p e rmit shall be issued 
fof a Type VI(o) system prior te .4-ttly 4-? 1991. 
After .4-ttly 4r 1 99 1 , m* improvement permit shall 
be issued fef Type JA^ Type V-r ftp Type Vt sys- 
tems, unless a management entity ef the type 
specified m- Table V(b) is specifically authorized, 
funded, aftd- operational te earn' i*ftt this man 
agoment program t» the county t+f service district 
ift winch the proposed syst e m is tft be located. 
A contract shall be executed between the system 
owner aftd a management entity prior te the is- 
suance ef- the Op e ration Permit. A condition ef" 
the Operation P e rmit shall be that a properly 
executed contract between the system owner aftd 
a management entity shall be m effect fof as long 
as the system is ift user Inspections e( the syst e m 

I Ii ■ i 1 1 1~» , . ■-. . n-lArm.l/ I 1-t 1 • I i »->1 ■ 1 «i .iit.wn.ult ^injltl | I I t t II . 1 

mTtm ttc^ t'vi i v r i ii ivti <. ~~ ct ii mi eccsc 1 1 niii Bum v ex i tttc* 

frequency specified ift Table Y(h). 4-be manage 
m e nt entity shall report the results ef their m- 
spections te- the local h e alth department at- the 
specified r e porting frequency. I lowever, where 
inspections indicate the need fe* syst e m repairs, 
the management entity shall notify the local 
health department within 4X hours. 44*e man 
agoment entity shall be responsible fof assuring 
routine maintenance procedures ift accordance 
with t4*e conditions ef- the Operation Permit. 

(b) System management in accordance with 
Tables V(a) and V[bj of this Rule shall be n> 
quired for all systems installed, repaired or in 
operation after July _T 1992. This Rule, how- 



6:1 NORTH CAROLINA REGISTER April 2, 1 99 1 



19 



PROPOSED RULES 



ever, shall not preclude requirements for s ystem 
operators impose J in accordance with Article 3 
ot G.S. 9<>A. 



(ll 



(2) 



After Julv JL 1993, no Improvement Per- 
mit shall he issued lor Tvpe IV, Type V , 
or Tvpe VI systems, unless a management 
entity of the type specified in Table V(b) 



is specifically authorized, funded, and op- 
erational to carry out this management 
program in the service area where the 
proposed system is to be located. 
A local health department mav he a public 
management entity for systems classified 
Tvpe IV \"(a) and V(b) only when spe- 
cificalh' authorized by resolution of the 
local board of health. 



(3) A contract shall he executed between the 
vstem owner and a management entity 
prior to the issuance of an Operation 
Permit for a system required to be main- 
tained bv a public or private management 
entity. The contract shall include the 
specific requirements for maintenance and 
operation, responsibilities of the owner 
and s ystem operator, provisions that the 
contract shall be in effect tor as long as the 
vstem is in use, and other requirements 
for the continued proper performance of 
the vstem. ]l shall aKo be a condition 
of the Operation Permit that subsequent 



<± 



(5) 



owners of the vstem execute such a con- 
tract. 



Inspections of the system shall be per- 
formed bv a management entity at the 
frequency specified in fable V(b). I he 
management entity shall report the results 
of their inspections to the local health de- 
partment at the specified reporting fre- 
quency. I lowever. where inspections 
indicate the need for s ystem repairs, the 
management entity shall notify the local 
health department within 4S hours in or^ 
der to obtain an Improvement Permit for 
the repairs. 

The management entity shall be responsi- 
ble for assuring routine maintenance pro- 
cedures in accordance with the conditions 



of the Operation Permit and the contract. 

(ft) Sewage sv--tems with multiple components 
shall be classified bv their highest system 
type in accordance with Table V to deter- 
mine local health department and man- 
agement entity responsibilities. 

(7) Sewage systems not identified in this Rule 
shall be - classified bv the Division of En- 
vironmental Health after consultation 
with the appropriate commission govern- 
ing operators of pollution control facili- 
ties. 



TAB LP V(a) 



I OCAI HHALTII DIPARTMFNT RESPONSIBILITIES 



System 
Classification 



System 

1 )e--iription 



Permits 
Required 



Minimum 
System 
Review 

P'requencv 



Type I 



a. Privy 

b. Chemical toilet 

c. Incinerating toilet 

d. Other toilet system 

e. Grease trap 



Improvement 

Permit &_ 

Operation 

Permit 



N/A 



Type II 



a. Conventional septic system Improvement 
(single-family or 480 GPD Permit & 
or less) 

b. Conventional septic system with Certificate 
750 linear feet of nitrification of 
line or less Completion 

c. Conventional system with shallow 
placement 



N A 



Type III 



a^ Conventional septic system Improvement 
> 4SQ GPD 

(excluding single-family residence) Permit & 

b_ a? Septic system with Operation 



D vrs. 



20 



6:1 SORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



single effluent pump or siphon 
a br Gravity mound Gravity fill system 
eL &r Dual gravity field system 
e. 4t FPBPS system, gravity dosed 
f er Large diameter pipe system 
g^ fr Other non-conventional trench 

systems 



Permit 



Type IV 



a. L-P-P Any system with LPP 

distribution Improvement 

br Pronoun? mound Permit & 

b_ 6t System with more than 1 pump Operation 

or siphon Permit 

4t PPBPS system wt4b pressure? 

distribution 
&! Other trench systems with procsur e 

distribution 
fr Open ditch drainage? fe* 2 &f mor e k*te 
gr Sand filter pretroatment systems 



3 yrs. 



Type V 



jl Sand filter pretreatment 

system 
St Pump drainage? 
br Package* treatment pleints 
er Chemical treatment plants 
dr Other mechanical, biological, ef 

chemical pretreatment systems 
b-erAny > 3,000-GPD 

septic tank system with a 

nitrification field desiimed for 

> 1500 GPD 
c Aerobic Treatment Unit (ATU) 
d. Other mechanical, biological, or 

chemical pretreatment plan 

( < 3000 GPD) 



Improvement 

Improvement 

Permit & 

Operation 

Permit 



I Hi 

2 ¥f*T 



Type VI 



a. Any > 3,000 GPD system Improvement 
with mechanical, biological, or Permit & 
chemical pretreatment system 

plant Operation 

b. Wastewater reuse/recycle Permit 
6r Holding tanks 



+ y^ 



TABLE V(b) 
MANAGEMENT ENTITY RESPONSIBILITIES 



System 
Classification 



Management 
Entity 



Minimum System 
Inspection Maintenance 
Frequency 



Certified 
Operator 



Reporting 
Frequency 



Type I 



Owner 



N/A 



^v-A 



N/A 



Type II 



Owner 



N/A 



■N-A 



N/A 



Type III 



Owner 



N/A 



>-A 



N/A 



Type IV 



Public Management 

Entity 
With a Certified Operator 
or a 



/yr- 



Optional 



l/yr. 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



21 



PROPOSED RULES 



Private Certified Operator 
Certified Installer 



( 



Type V (a) & (b} Public Management 12 yr. 

Entity 

With a Certified 
Operator a_ 2 vr (0-1500 GPP) 

4 vr ( 1500-3000 GPP) 



Required 2/yr. 



Private Certified 
Operator 
(Type V( e ) only ) 



(ci & (_dj Public Management 
Entity 



12 vr (3000-10000 GPP) 



With Certified 
Operator 



1 wk (> 10000 GPP) 
b_ 12 vr (31100-10000 GPP) 
1 wk (> 10000 GPP) 

c. 4 vr 

d. 12 vr 



Type VI 



Public Management a. 1 wk (3000-10000 GPP) 



Entity 

With a Certified 
Operator 



wk (10000-25000 GPP) 

3 wk (25000-50000 GPP) 
5 wk ( > 75000 GPP) 
b. 12 vr 



Required 



4 vr 



(c) A sewage collection, treatment, and disposal 
system that creates or has created a public health 
hazard or nuisance by surfacing of effluent or 
discharge directly into ground water or surface 
waters, or that is partially or totally destroyed 
shall be repaired within 30 days of notification 
by the state or local health department unless the 
notification otherwise specifies a repair period in 
writing. If a system described in the preceding 
sentence has for any reason been disconnected, 
the system shall be repaired prior to reuse. The 
state or local health department shall use its best 
professional judgement m requiring repairs that 
will reasonably enable the system to function 
properly. If. for any reason, a sewage collection. 
treatment, and disposal system is nonrepairable. 
the system shall not be used. 

(d) When necessary to protect the public 
health, the state or 1 >eal health department may 
require the owner or controller of a malfunc- 
tioning vstem to pump and haul s wage to an 
approved sanitary ;ewage vstem during the time 
needed to repair the svstem. 

Statutory Authority G.S. 130A-335 e) and (f). 

.1462 APPLICABILITY 

The provisions of this Section shall not apply 
to properly functioning sewage collection, treat- 
ment, and disposal systems in use or for which a 
valid permit to install a svstem has been issued 
prior to January Julv 1. 1977. This provision is 



applicable only where the sewage flow and sew- 
age characteristics are unchanged. 

Statutory Authority G.S. I30A-335(e). 

SL'BCHAPTER 18C - WATER SUPPLIES 

SECTION .0100 - PROTECTION OE PUBLIC 
WATER SUPPLIES 

.0102 DEFINITIONS 

(c) In addition to the definitions adopted by 
reference, the following definitions apply to this 
Subchapter: 

(8) "Fecal coliform" means bacteria consist- 
ently found in the intestine of man and 
other warm blooded animals which are 
not normally disease producing but serve 
as indicators of recent fecal contam- 
ination. They are members of the Family 
Enterobacteriaceae, type Genus 

Escherichia . species coli. 

Authority G.S. 130A-3I1 through 130A-327; P.L. 
93-523; 40 C.F.R. 141.2. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19B - INJURY CONTROL 

SECTION .0500 - ALCOHOL SCREENING TEST 
DEVICES 



c 



-)1 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



.0503 APPROVED ALCOHOL SCREENING 
TEST DEVICES: CALIBRATION 

(a) The following breath alcohol screening test 
devices are approved as to type and make: 

(1) ALCO-SENSOR (with two-digit display), 
made by Intoximeters, Inc. 

(2) ALCO-SENSOR III (with three-digit dis- 
play), made by Intoximeters, Inc. 

(3) BREATH-ALCOHOL TESTER 
MODEL BT-3, made by RepCo., Ltd. 

(4) AICOTEC BREATH-TESTER, made 
bv RepCo., Ltd. 

(b) Calibration of alcohol screening test devices 
shall be verified at least once during each seven 
day period of use by employment of a control 
sample from an alcoholic breath simulator or a 
NALCO standard. The device shall be deemed 
properly calibrated when the result of 0.09 or 
0.10 is obtained. 

Statutory Authority G.S. 20-16.3. 

SUBCHAPTER 19C - OCCUPATIONAL 
HEALTH 

SECTION .0600 - ASBESTOS HAZARD 
MANAGEMENT PROGRAM 

.0601 GENERAL 

(a) The definitions contained in GS. 130A-444 
and the following definitions shall apply 
throughout this Section: 

(1) "Management Consultant" means a per- 
son who performs administration or 
oversight services before, during or after 
asbestos abatement activities. 

(2) "Air Monitor" means a person who 
monitors and evaluates asbestos abate- 
ment activities, performs visual in- 
spections, ©f takes air samples for 
abatement clearance activities or who 
takes ambient air samples in buildings. 

(3) "Program" means the Asbestos Hazard 
Management Program. Branch within 
the NC Department of Environment, 
Health, and Natural Resources. 

(4) "Public Area" means as defined in G.S. 
130A-444(7). Any area to which access 
by the general public is usually prohibited, 
or is usually limited to access by escort 
only, shall not constitute a "public area". 

(5) "Person" means as defined in 130A-2(7). 

(6) 'Working day" means Monday through 
Eriday and includes holidays that fall on 
any of the days Monday through Friday. 

(b) The Asbestos Hazard Emergency Response 
Act, P.L. 99-519 and the Environmental Pro- 
tection Agency rules 40 CFR Part 763 and ac- 



companying appendices, are adopted by reference 
in accordance with G.S. 150B- 14(c). 

Statutory Authority G.S. 130A-5(3); P.L. 99-5/9. 

.0602 ACCREDITATION 

(a) No person shall perform asbestos manage- 
ment activities until that person has been ac- 
credited by the Program in the appropriate 
accreditation category, except as provided for in 
G.S. 130A-447, (b) and (c). 

(b) An applicant for accreditation shall meet 
the provisions of the "EPA Model Contractor 
Accreditation Plan" contained in 40 CFR 763 
(Subpart E, appendix C) and Rule .0604 of this 
Section. 

(c) In addition to the requirements in (b), an 
applicant shall meet the following: 

(1) an applicant for initial accreditation shall 
have successfully completed an approved 
initial training course for the specific dis- 
cipline within the 1 2 months immediately 
preceding application or, if initial training 
was completed more than 12 months 
prior to application, the applicant shall 
have successfully completed an approved 
refresher training course for the specific 
discipline at least every 14 months from 
the date of completion of initial training 
to the date of application. 

(2) an inspector shall have: 

(A) a high school diploma or equivalent; 
and 

(B) at least three months asbestos related 
experience under direct supervision of an 
accredited inspector, or at least one month 
of employment as an accredited supervi- 
sor, or at least six months employment as 
an accredited worker, or equivalent expe- 
rience; 

(3) a management planner shall have a high 
school diploma or equivalent and shall be 
an accredited inspector; 

(4) a supervisor shall have: 

(A) a high school diploma or equivalent; 
except that this requirement shall not ap- 
ply to supervisors that were accredited on 
November 1, 1989; and 

(B) at least three months asbestos related 
experience as, or under the direct super- 
vision of, an accredited supervisor or at 
least three months employment as an 
asbestos worker, or equivalent experience; 

(5) an abatement designer shall have: 

(A) a high school diploma or equivalent; 
and 

(B) at least three months asbestos related 
experience as, or under the direct super- 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



23 



PROPOSED RULES 



(6) 



vision of, an accredited abatement de- 
signer or at least three months 
employment as an accredited supervisor, 
or equivalent experience; 
a management consultant shall: 

(A) be a professional engineer, registered 
architect or a certified industrial hygienist 
or have four years experience as an abate- 
ment designer or supervisor; and 

(B) have one year experience in asbestos 
related work within the past four years 
and be accredited as a management plan- 
ner and a designer. 

(7) an air monitor shall: 

(A) until February 4-r 1991, be a certified «- 
dustrial hygionist, professional e ngin e er, 
eft rogi stored architect, ef work only undor 
the supervision sf a cortifiod industrial 
hygienist, professional engineer, e* regis 
terod archit e ct that- is accredited as a» aft 
monitor. ©» eft aftep February h 1991, 
aft ai# monitor shall be a certified indus- 
trial hygienist, certified in comprehensive 
practice of industrial hygiene, or work 
only under the supervision of a certified 
industrial hygienist that is an accredited 
air monitor. Fxcept that this requirement 
shall not apply to accredited air monitors 
meeting the provisions of Subparagraphs 
(c)(7)(B)-(E) of this Rule as of February 
_f 1991. The supervising certified indus 
trial hygienist, professional onginoor, eft 
registered architect air monitor shall coor- 
dinate and sign off on all phases of the air 
monitoring project. The supervising eef- 
tifiod industrial hygienist, professional e«- 
ginoer. eft registered architect air monitor 
may be a contract consultant; 

(B) Effective February L. 1992. have suc- 
cessfully completed an approved supervi- 

ning course and shall maintain 



sor 



refresher training pursuant to Subpara- 
graph (c)( 1) of this Rule; 

(C) fB-)- have completed the National Insti- 
tute for Occupational Safety and Health 
582 training course or equivalent; 

(D) f£) have three months asbestos air 
monitoring related experience or equiv- 
alent within 12 months following the most 
recent prior to applying for accreditation; 
»f reuccreditation; and 

(E) {D) have a high school diploma or 
equivalent. 

(d) To obtain accreditation, the applicant shall 
submit, or cause to be submitted, the following 
information to the Program on application forms 
provided by the Program: 



(1) full name and social security number of 
applicant; 

(2) name, address and telephone number of 
employer; 

(3) discipline(s) applied for; 

(4) date(s) of training course(s) for each dis- 
cipline; 

(5) name of course attended; 

(6) training agency name and address; 

(7) confirmation of completion of an ap- 
proved initial or refresher training course 
from the training agency; the confirmation 
shall be in the form of an original certif- 
icate of completion of the approved 
training course bearing the training agen- 
cy's official seal, or an original letter from 
the training agency confirming completion 
of the course on training agency letter- 
head, or an original letter from the train- 
ing agency listing names of persons who 
have successfully completed the training 
course, with the applicant's name in- 
cluded, on the training agency letterhead; 

(8) when education is a requirement, a copy 
of the diploma or other written doc- 
umentation; and 

(9) when experience is a requirement, work 
history documenting asbestos related ex- 
perience, including employer name, ad- 
dress, and phone number; positions held; 
and dates when the positions were held. 

(e) All accreditations, including accreditations 
issued prior to October 10, 1988, shall expire at 
the end of the 12th month following completion 
of required initial or refresher training. To be 
reaccredited, an applicant shall have completed 
the required refresher training course within 14 
months after the initial or refresher training 
course. An applicant for reaccreditation shall 
also submit information specified in Subpara- 
graphs (d)(l)-(d)(7) of this Rule. If a person fails 
to obtain reaccreditation within two calendar 
months after the expiration date of original ac- 
creditation, that person may be accredited only 
by meeting the requirements of Paragraphs (b), 
(c), and (d) of this Rule. 

f£) Persons applying fof reaccreditation a* a» 
aft monitor shall hav e obtained at- feast- tftte 
month ©f asbestos related experience within 4-2 
months following the moot recent accreditation 
eft reaccreditation. 

[fj (g} All accredited persons shall be assigned 
an accreditation number by the program. 

(g) fh} Upon request, a person accredited by 
another state shall be accredited by the program 
if that state's accreditation program is at least as 
stringent and as comprehensive as the accredi- 
tation program established by these rules. 



24 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



(h) (i> In accordance with G.S. 130A-23, the 
Program may revoke accreditation or reaccredi- 
tation for any violation of G.S. BOA, Article 19 
or any of the rules of this Section, or upon a 
finding that its issuance was based upon incorrect 
or inadequate information that materially af- 
fected the decision to issue accreditation or reac- 
creditation. The Program may also revoke 
accreditation or reaccreditation upon a finding 
that the accredited person has violated any 
standard referenced in Rule .0606(e) of this Sec- 
tion. A person whose accreditation is revoked 
because of fraudulent misrepresentations or be- 
cause of violations that create a significant public 
health hazard shall not be authorized to reapply 
for accreditation before six months after the re- 
vocation and must repeat the initial training 
course and other requirements as shown in Par- 
agraphs (c)(1) (c)( ' l) (b), (c), and (d) of this Rule. 

Statutory Authority G.S. 130A-5(3); 130A-447; 
P.L. 99-5/9. 

.0603 APPROVAL OF TRAINING COURSES 

(a) Pursuant to Rule .0602 of this Section, ap- 
plicants for accreditation and reaccreditation are 
required to successfully complete training courses 
approved by the Program. In order to be ap- 
proved by the Program, training programs shall 
meet the following requirements: &f 4Q CFR 
14r^ Subpart i^ Appendix Gr a«4 the roquiro 
ments ef thi* R.ule. 

( 1) Training courses meeting the requirements 
of 40 CFR 763, Subpart E^ Appendix C 
and approved for a specific training pro- 
vider by the Environmental Protection 
Agency or bv a state with an Environ- 
mental Protection Agency-approved ac- 
creditation program shall be deemed 
approved by the Program unless approval 
is suspended or revoked in accordance 
with Paragraph (f) of this Rule; or 

(2) Training courses covered under 40 CFR 
763. Subpart E^ Appendix C and having 
no prior Program approval as specified in 
Subparagraph (a)( 1 ) of this Rule shall 
meet the requirements of 40 CFR 763, 
Subpart E, Appendix C, I and ]_ \ A Para- 
graphs (b) and (c) of this Rule; or 

(3) Training courses not covered under 40 
CFR 763, Subpart E^ Appendix C shall 
meet the requirements of Paragraph (c) 
of this Rule. 

A list of approved training courses shall be 
available from the Program. 

(b) Refresher training courses shall include a 
review of the following key aspects of the initial 
training course: 



(1) the refresher training courses for all disci- 
plines shall include a review of health ef- 
fects of asbestos, respiratory protection, 
and personal protective equipment; 

(2) the refresher training course for inspector 
shall include a review of record keeping, 
writing the inspection report, inspecting 
for friable and non-friable asbestos- 
containing material, and assessing the 
condition of asbestos containing building 
materials; 

(3) the refresher training course for manage- 
ment planner shall include a review of re- 
cord keeping, management plan content, 
hazard assessment, determining an oper- 
ations and maintenance plan, and se- 
lection of control options; 

(4) the refresher training course for abatement 
project designer shall include a review of 
designing abatement solutions, budgeting 
and cost estimation, considerations for 
work in occupied buildings and writing 
abatement specifications; 

(5) the refresher training course for supervisor 
shall include a review of state-of-the-art 
work practices, air monitoring and super- 
visory techniques; and 

(6) the refresher training course for abatement 
worker shall include a review of state-of- 
the-art work practices, personal hygiene, 
and additional safety hazards. 

(©) Training courses approved by the Environ 

by the Environmental Protection Agonoy te- ap- 
provo training cours e s shall be doomed appro vod 
by the Program unless approval is suspended e* 
revok e d » accordance with Paragraph (f} ef- this 
R*tter 

fd4 Applicants fof training course approval 
shall submit te- the Program a description ef- the 
courso content, including the instructor's guide, 
studont handout materials, a«4 a description ©f 
the required e xamination. 

(c) Training courses shall be evaluated for ap- 
proval by the Program for course length, curric- 
ulum, training methods, instructors' 
qualifications, technical accuracy of written ma- 
terials and instruction, examination, and training 
certificate. Training course providers applying 
for course approval shall submit the information 
and documentation specified on an application 
form provided bv the Program. 

(d) Training course providers shall perform the 
following in order to maintain approval: 

( 1) Issue a certificate of training to any student 
who completes the required training and 
passes the applicable examination. The 
certificate shall include: 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



25 



PROPOSED RULES 



(A) Name of student; 
( B) I raining course title; 



(C) Inclusive dates of course and applicable 
examination; 

(D) Statement that student passed any ex- 
amination required; 

(E) Certificate number; 

(F) For courses covered under 40 CFR 763, 
Subpart E, Appendix C, certificate expi- 
ration date that is one year alter the date 
course completed and applicable exam- 
ination passed; 

( G ) Signature of training course adminis- 
trator or principle instructor; and 

(II) Name, address, and phone number of 
the training provider. 

(2) Notify the Program, in writing, of any 
changes to course length, curriculum, 
training methods, training manual or ma- 
terials, instructors, examination, training 
certificate, training course administrator 
or contact person. 

(3) Submit to the Program information and 
documentation for any course approved 
under Subparagraph (a)( 1 1 of this Rule if 
requested hv the Program. 

(e) Training course sponsors providers shall 
permit Program representatives to attend, evalu- 
ate and monitor any training course, take the 
course examination and have access to records 
o^_ training courses without charge or hindrance 
to the Program for the purpose of evaluating 
compliance with 40 C F R 763, Subpart E, Ap- 
pendix C and these Rules. The Program shall 
perform periodic and unannounced on-site audits 
of training courses. 

(f) In accordance with G.S. 130A-23, the Pro- 
gram may suspend or revoke approval for a 
training course for violation of this Rule and 
shall suspend or revoke approval upon suspen- 
sion or revocation of approval by the Environ- 
mental Protection Agency or bv any state 
authorised by the with an Environmental Pro- 
tection Ag e ncy to approve training courses. 
Agencv-approved accreditation program. 

Statutory Authority G.S. 130.4-5(3); 130A-447; 
P.L. 99-5/9. 

.0604 ASBESTOS MANAGEMENT PLANS 

(a) .AH Local Education Agencies shall submit 
Asbestos Management Plans for school buildings 
to the Program on forms provided by the Pro- 
gram. Asbestos Management Plans shall meet 
the requirements contained in 40 CFR 763. 

(b) In addition to the requirements in Para- 
graph (a) of this Rule, the management plan shall 
comply with the following: 



(1) All Asbestos Containing Building Materi- 
als shall be identified, located, classified 
and assessed; and 

(2) The Local Education Agency shall notify 
the Program of asbestos removal projects 
within ten working days after the removal 
area has been cleared for occupancy. 

(c) All Local Education Agencies shall submit 
to the Pro.gr am Asbestos Hazard Emergency 
Response Act reinspection reports as required 
under 40 C F R 763, Subpart F_ These reports 
shall be submitted on forms provided bv the 
Program. 

Statutory Authority G.S. l30A-5(3); 130A-445; 
P.L. 99-519. 

.0605 ASBESTOS CONTAINING MATERIALS 
REMOVAL PERMITS 

(a) No person shall remove more than 35 cubic 
feet, 160 square feet or 260 linear feet of friable 
asbestos containing material, or non-friable 
asbestos containing material that may become 
friable during handling, without a permit issued 
by the Program. Other asbestos abatement ac- 
tivities are exempt from the permit requirements 
of G.S. 130A-449. 

(b) Applications for asbestos containing mate- 
rial removal permits shall be submitted to and 
received by the Program at least ten working days 
prior to the scheduled removal date. However, 
for asbestos removal determined by the Program 
to require immediate action, the ten day notice 
shall not be required. The application shall be 
made on a form provided by the Program. a«4 
shall contain toe information i» Paragraphs 
(b)( 1) (b)(9) ef tfeis Rule. If immediate action 
is necessary, the applicant shall supply the infor- 
mation required on the application. pfe» aft *t- 
tachmont containing toe additional information 
» Paragraphs (b)(10) (b)(13) el &*§ R«fe> 

(4) Contractor information; 

(3) Proj e ct location information; 

(4) Facility description; 
f44 Removal dates; 

(5) Description, location a«4 amount ef 
asbestos material to fee removed; 

(44 Permit fee information: 

(ffy Disposal methods; 

(-8) Notification e£ other agencies; 

(4fe Cause ef damag e r e lating to immediate 

problem: 
(44fe Dat e when damage occurred; 
(44) Agency requesting immediate action; 
(44+ Public health affects; a«4 
(44) Names e4 accredit e d personn e l involved. 



26 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



(e) T4*e pormit holder shall notify the Program 
ef afty change » the removal schedule at loast 
two working days prior t» the removal. 

(c) Revisions for issued asbestos removal per- 
mits shall be as follows: 

( 1) Revisions for renovations: 

(A) that will bean after the start date con- 
tained in the approved permit, shall be 
submitted to the Program by written no- 
tice prior to the original start date; 

(B) that will begin on a date earlier than the 
start date contained in the approved per- 
mit, shall he submitted to the Program by 
written notice at least 10 working days 
prior to the beginning of asbestos work. 

(2) Revisions to original completion date shall 
be submitted to the Program at least one 
working day prior to the revised com- 
pletion date bv written notice. 

(3) Revisions other than start and completion 
dates shall be submitted to the Program 
within three working days by written no- 
tice, hi no event, shall a removal covered 
by these Rules start on a date other than 
the date contained in the revised permit. 

(d) Copies of the following shall be maintained 
on site during removal activities and be imme- 
diately available for review by the Program: 

(1) copy of the removal permit issued by the 
Program; 

(2) applicable specifications and con-tract 
documents; 

(4) disposal information, including any a«- 
t ho rization fof disposal; 

(3) (4} identification and accreditation infor- 
mation for all personnel performing re- 
moval activities. 

(e) AH permitted removal activities shall be 
conducted in accordance with the Toxic Sub- 
stances Control Act, 15 USC 2601; 29 CFR 
Parts 1910 and 1926; 40 CFR Parts 61 and 763; 
Environmental Protection Agency's Guidance 
for Controlling Asbestos-Containing Materials in 
Buildings, 560/5-85-024 except paragraphs 6.4.1 
Visual Inspection and 6.4.2 Air Testing; Envi- 
ronmental Protection Agency's A Guide to Re- 
spiratory Protection for the Asbestos Abatement 
Industry, 560-OPTS-86-001 except Part II C. 
Respirator Selection; Environmental Protection 
Agency's Measuring Airborne Asbestos Follow- 
ing An Abatement Action, 600/4-85-049; Ameri- 
can National Standards Institute's Respiratory 
Protection, Respirator Use, Physical Qualifica- 
tions for Personnel, Z88.6-1984; American Na- 
tional Standards Institute's Practices for 
Respiratory Protection, Z88.2-1980; American 
National Standards Institute's Fundamentals 



Governing the Design and Operation of Local 
Exhaust Systems, Z9.2-1979; 49 CFR Part 173; 
G.S. Chapters 97 and 130A, which are hereby 
adopted by reference in accordance with G.S. 
150B- 14(c). 

(f) In accordance with G.S. 130A-23, the Pro- 
gram may suspend or revoke the permit for any 
violation of G.S. 130A, Article 19 or any of the 
rules of this Section. The Program may also re- 
voke the permit upon a finding that its issuance 
was based upon incorrect or inadequate infor- 
mation that materially affected the decision to 
issue the permit. 

Statutory Authority G.S. BOAS (3); I30A-449; 
PL. 99-5/9. 

.0606 FEKS 

(a) The fee required by G.S. 130A-450 shall be 
submitted with an application for the asbestos 
containing material removal permit. The 
amount of the fee is one percent of the contract 
price or twenty cents ($0.20) per square or linear 
foot, whichever is greater. Fees for removal of 
surfacing materials, ceiling tiles and floor tiles, 
when permitting, shall be one percent of the 
contract price or five fifteen cents (SO. 05) ($0.15) 
per square foot, whichever is greater. Fees for 
asbestos removal for demolition purposes shall 
be a maximum of three hundred dollars 
($300.00). A permit shall not be issued until the 
required fee is paid. However, when the Pro- 
gram has determined that immediate action is 
necessary, the fee shall not be required to be 
submitted with the application, but shall be sub- 
mitted to and received by the Program within five 
working days of issuance of the permit. 

(b) The fee required by G.S. 130A-448 shall 
be submitted with an application for accredi- 
tation or reaccreditation. The amount of the fee 
shall be one hundred dollars ($100.00) for each 
category, except that the fee for persons applying 
for accreditation or reaccreditation as workers 
shall be twenty-five dollars ($25.00). However, 
if a person applies for accreditation or reaccredi- 
tation in more than one category p_er calendar 
year , the amount of the fee shall be one hundred 
dollars ($100.00) for accreditation or reaccredi- 
tation in the first category and seventy-five dol- 
lars ($75.00) for accreditation or reaccreditation 
in each remaining category. Fw accreditation 
ef reaccreditation i» multiple categories, the ap- 
plicont fef accreditation ef reaccreditation i» a» 
additional category shall submit t*» the Program 
a copy ef the frf*t accreditation ©f reaccredi 
tation. A person shall not be accredited or reac- 
credited until the required fee is paid. 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



27 



PROPOSED RULES 



Statutory Authority G.S. BOAS (3); 130A-44S; 
I30A-450; P.L. 99S/9. 

.0607 ASBESTOS EXPOSURE STANDARD 
FOR PUBLIC AREAS 

(a) The maximum allowable ambient asbestos 
level for public areas shall be 0.01 fibers per cubic 
centimeter ef aw based e» the fiber level obtained 
during the actual sample tune, as analyzed bv 
phase contrast microscopy or; arithmetic mean 
of less than or equal to 70 structures per milli- 
meter square, or a Z-Test result that is less than 
or equal to 1.65 as analyzed by transmission 
electron microscopy. 

<4»+ 44*e campling a«4 analysis method used te 
detennine tfee ambient asbestos fiber lev e l » 
buildings shall be either phase contrast 
microscopy ef transmission electron microscopy. 

fe} ¥fee sampling a»4 analysis method used te- 
detennine the fib e r level fof clearance after a» 
abatement action shall be e ith e r phase contrast 
microscopy ©f transmission electron microscopy, 
except that- local e ducation ag e ncies shall meet 
Asbestos I la/ard Fmergency Response Aet- Fe- 
quirements. 

(tO Ambient air sampling shall be conducted 
in public areas outside the work area where per- 
mitted asbestos removal activities are being per- 
formed. 



(c) Clearance air sampling shall be conducted 
in accordance with Paragraphs (d) and (e) of this 
Rule lor all permitted asbestos removal projects 
conducted m public areas. Clearance levels for 
all public areas shall meet the requirements of 
Paragraph (a) of this Rule. 

(d) Phase contrast microscopy or transmission 
electron microscopy sampling and analysis 
methods shall be conducted in accordance with 
40 CFR Part 763. Subpart E. 

(e) Sample analysis for phase contrast 
microscopy or transmission electron microscopy 
samples shall be performed by a laboratory 
meeting the requirements of P.L. 99-519 and 40 
CFR 763 and accompanying appendices. 

Statutory Authority G.S. BOAS (3); B0A-446; 

P.L. 99-519. 

CHAPTER 21 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 21 A - WOMEN'S PREVENTIVE 
HEALTH 

SECTION .0800 - ADOLESCENT PREGNANCY: 
PREMATURITY AND PRE\ ENTION PROJECT 

.0817 GRANT PROPOSALS 

(c) Grant proposals shall include the following: 



(1) evidence of public notice and a public 
hearing on the proposal, held bv the ap- 
propriate board or council as follows: 

(A) the board of county commissioners 
or its designee: or 

(B) the city council or its designee, if the 
area m which the project will operate rs 
solely within the boundaries of a munici- 
pality: and 

(2) a statement of community support for the 
proposal, as submitted, from the board 
or council that conducted the public 
hearing on the proposal. 

Statutory Authority G.S. BOA-124; S.L. 1989, c. 
752, s. 136. 

CHAPTER 26 - INFORMATION SERVICES 

SLBCHAPTER 26A - STATE CENTER FOR 
HEALTH STATISTICS 

.0001 CHARGES 

Upon request, the State Center for Health Sta- 
tistics (SCHS) SC1IS will undertake special 
computer runs for data not in a published form. 
The SCHS may charge the requestor for the cost 
of the computer run 2 including staff and support 
time. 

Statutory Authority G.S. B0AS(3J; 143B-10. 

****************** 



No 



otice is hereby given in accordance with G.S. 
BOB- 12 that the State Registrar intends to amend 
rule(s) cited as 15.4 XCAC 1911 .0703 - .0704, 
.0805. 

1 he proposed effective date of this action is Au- 
gust 1, 1991. 

1 he public hearing will be conducted at 1:30 
p.m. on May 8, 1991 at the Xorton Board Room, 
6th Floor Cooper Memorial Bldg., 225 N. 
McDowell Street, Raleigh, N.C. 



Co 



■ omment Procedures: Any person requiring 
information concerning the proposed rules should 
contact John P. Barkley, DEH.XR, P.O. Box 
27687, Raleigh, XC 27611-^687, (919) 733-7247. 
Written comments on these rides may be sent to 
Mr. Barkley at the above address or submitted at 
the public hearing. If you desire to speak at the 
public hearing, notify Mr. Barkley at least 3 days 
prior to the public hearing. 



28 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19H - VITAL RECORDS 

SECTION .0700 - FEES AND REFUNDS 

.0703 FEES FOR CORRECTIONS AND 
AMENDMENTS 

The fee for correcting a birth or death certificate 
shall be f+ve dollars ($5.00) seven dollars and fifty 
cents ($7.50) per request, with the following ex- 
ceptions: 

(4} No fee shall be charged for amending a cause 
of death on a death certificate. 
£3) A fee ef seve» dollars ($7.00) shali be 
charged fof correcting a birth certificate when the 
original certificate wm intentionally falsified. 

Statutory Authority G.S. 130A-92(7); 130A-1I8. 

.0704 FEES FOR PREPARING NEW 

CERTIFICATE: ADOPTION AND 
LEGITIMATION 

A fee of seven dollars ($7.00) seven dollars and 
fifty cents ($7.50) shall be charged for preparing 
a new birth certificate for adoptions and legiti- 
mations. 






Statutory Authority 
130 A- 1 18. 



G.S. 48-29; 130A-92(7); 



SECTION .0800 - CHANGE OF NAMES 

.0805 JUDICIAL DETERMINATION OF 
PATERNITY 

For cases in which a court determines the 
paternity of an illegitimate child, the father's 
name shall be added and a copy of the amended 
certificate shall be forwarded to the register of 
deeds in the county where the birth occurred. In 
cases where the mother is married and the court 
determines the husband is not the father, the 
husband's name will be lined out, and if also de- 
termined bv the court, the natural fathers name 
will be added. 



Statutory Authority G.S. J30A-92(7). 

TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 



lyotice is hereby given in accordance with G.S. 
150B-12 that the State Board of Education in- 
tends to amend nde(s) cited as 16 NCAC 6D 

.0103. 

1 he proposed effective date of this action is Au- 
gust 1. 1991. 



1 he public hearing will be conducted at 10:00 
a.m. on May 3, 1991 at the Third Floor Confer- 
ence Room, Education Building, 116 West 
Edenton Street, Raleigh. North Carolina. 



Co 



>omment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6D - INSTRUCTION 

SECTION .0100 - CURRICULUM 

.0103 GRADUATION REQUIREMENTS 

(a) In order to graduate and receive a high 
school diploma, public school students must at- 
tain passing scores on competency tests adopted 
by the SBE and administered by the LEA. Stu- 
dents who satisfy all state and local graduation 
requirements but who fail the competency tests 
will receive a certificate and transcript and may 
be allowed by the LEA to participate in gradu- 
ation exercises. 

(1) LEAs score the competency tests sepa- 
rately according to passing scores or crite- 
rion levels approved by the SBE. 

(2) LEAs may change the form or content of 
the competency tests where necessary to 
allow special education students to par- 
ticipate, but these students must achieve 
a level of performance on each test equal 
to the passing scores or criteria levels. 

(3) Special education students may apply in 
writing to be exempted from taking the 
competency tests. Before it approves the 
request, the LEA must assure that the 
parents, or the child if aged 18 or older, 
understand that each student must pass 
the competency tests to receive a high 
school diploma. 

(4) Any student who has failed to pass the 
competency tests by the end of the last 
school month of the year in which the 
student's class graduates may receive ad- 
ditional remedial instruction and continue 
to take the competency tests during regu- 
larly scheduled testing until the student 
reaches maximum school age. 

(b) In addition to the requirements of Para- 
graph (a), students must successfully complete 
20 course units in grades 9-12. 

( 1 ) Effective with the class entering ninth grade 
for the 1992-93 school year, the 4-he 20 
course units must include: 
(A) four units in English; 



6:1 NORTH CAROLINA REGISTER April 2, 1 99 1 



29 



PROPOSED RULES 



(B) Hve- three units in mathematics, one of 
which must be Algebra L 

(C) Hve- three units m social studies, one of 
which must be in government and eco- 
nomics, aft4 one in United States history 
and one in world studies: 

(D) two three units in science, one of which 
must be a Itft* sci e nce e* biology and one 
a physical science; 

(E) one unit in physical education and 
health; and 

(F) ft»e six units designated by the LEA, 
which may be undesignated electives or 
courses designated from the standard 
course of study. 

(2) LEAs may count successful completion 
of course work in the ninth grade at a 
school system which does not award 
course units in the ninth grade toward the 
requirements of this Rule. 

(3) LEAs may count successful completion 
of course work in grades 9- 1 2 at a summer 
school session toward the requirements 
of this Rule. 

(4) LEAs may count successful completion 
of course work in grades 9-12 at an off- 
campus institution toward the require- 
ments of this Rule. No high school may 
approve enrollment in post-secondary in- 
stitutions during the regular school year in 
excess of five percent of its enrollment in 
trades 10-12 except as allowed bv the 
SBE. 23 NCAC 2C .0301 governs en- 
rollment in community college insti- 
tutions. 

(5) Individual students may apply for ex- 
emption from the Algebra I requirement - 
upon recommendation of a multidiscipli- 
narv school-based committee and the ap- 
proval of the local superintendent. I. ocal 
superintendents must report annually to 
the local board of education on the num- 
ber of exemptions approved. 

Authority G.S. 1 15C-12(9)c; U5C-81(a); 
115C- 180; N.C. Constitution, Article IX, Sec. 5. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



No 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the North Carolina Board of Archi- 
tecture intends to amend rule(s) cited as 21 
NCAC 2 .0211, .0601. 

1 he proposed effective date of this action is Au- 
gust I, 1991. 



1 he public hearing will be conducted at 10:00 
a.m. on May 15, 1991 at the North Carolina 
Board of Architecture, 501 N. Blount Street, 
Raleigh, NC 27605. 

(_ omment Procedures: Any person interested in 
these rules may present oral comments relevant to 
the action proposed at the public rule-making 
hearing or deliver them to the Board office not 
later than Friday, May 3, 1991. by 4:00 p.m. 
A nyone planning to attend the hearing should no- 
tify the Board office by Friday, May 3, 1991 by 
4:00 whether they will speak on the proposals and 
whether they wish to speak in favor of or against 
the proposals. Speakers will be limited to 15 
minutes. 

CHAPTER 2 - BOARD OF ARCHITECTURE 

SECTION .0200 - PRACTICE OF 
ARCHITECTURE 

.0211 UNAUTHORIZED PRACTICE 

(a) Requirement for Architectural License. 
No individual, firm or corporation shall practice 
or offer to practice architecture in the state with- 
out having first secured a license or certificate 
from the Board authorizing such practice. Ar- 
chitectural practice without a license is prohibited 
and made a misdemeanor punishable, upon con- 
viction, by fine or imprisonment or both by G.S. 
83-16, The exceptions to the requirements for 
an architectural license are set out in G.S. 
83A-13. 

(b) The Board ha* int e rpreted nom e ef the ex- 
emption ' , , found m G.S. S3 A 13 a* follows: The 
Board has an obligation to ensure, insofar as it 
is able, that public safety regulations are met. 
Therefore, the following interpretations of certain 
of the exemptions found m G.S. 83A-13 are set 
forth. 

(1) G.S. 83A-13(c)(l) applies only to family 
residences. Any other types of buildings 
may not be considered exempt under this 
statute. Any family residence, exceeding 
eight units, requires the seal of an archi- 
tect. Any project containing more than 
one building of eight family units or less 
is a project that requires the seal of an ar- 
chitect. Grade level exit is interpreted as 
an exit which provides ingress and egress 
on a level which exits on grade. Each unit 
must exit on grade level in addition to any 
building code requirements for exits. 

(2) G.S. 83A- 13(c)(2) means that, to be ex- 
empt, a farm building used by a farmer 
must not be of such a size and scope as 



W 



6:1 \ORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



to involve public safety. The interpreta- 
tion of "public safety" must be construed 
by the code official on a case-by-case ba- 
sis. 
(3) fe Gt&t UA 1.1(c)(3), tfte fw*4y thousand 
4«lkf ( $00,000.00) vafee » *e probablo 
construction eest a«4 does fttft include * the 
valu e &f A© Feaf estate. Afty- building 
costing less than ninety thousand dollars 
($90,000.00) is exempt mn if it exceeds 
is gross floor afea 2.500 square feet. In 
G.S. 83A- 13(c)(3). (4), institutional or 
commercial means anv structure other 



roof systems, egress corridors and stairs. 



than residential or 
G.S. ~ 



S3-13(c)(l).(2). 



arm as described in 
G.S. 



In 



83A-13(c)(3), the ninety thousand dollars 
(490.000) value is determined by the tax 
value of the existing building or the prob- 
able construction cost of a new building, 
exclusive of the value of the real estate. 



Anv building whose value is less than 
ninety thousand dollars ($90,000) is ex- 
empt even if the square footage exceeds 
2.500 square feet in gross floor area. The 
burden of establishing such exemption 
on 



shall be 



the party claiming the ex- 



emption. 
(4) fe G^v, X3A 13(c)(1), 2^m squar e feet- is 
based upon "heated '. pac e ". If aft in f i t i 
tutionul ©f comm e rcial building exceeds 
2,500 squar e feet bat bas a value ftf less 
tftaft nin e ty thousand dollars ($00,000.00) 
it- is exempt from tfte requirements »f aft 
archit e ctural license. In G.S. 

S3A- 



'•Vc)(4). 



2 5( 



square feet is based 



upon gross floor space, both heated and 
unheatcd. Anv building which exceeds 
mare feet in gross area but is val- 



(5) 



2.50' 

ued less than ninety thousand dollars 
($90.0(10) is exempt. 

G.S. 83A- 13(c)(5) means tba*- requires the 
seal of an architect witt be required if the 
alteration, remodeling or renovation alters 
or affects the structural system of the 
building. '4-he structure el tfte building 
fftay- pertain tft tfte trusses, beam frames, 
columns, ftp other structural components. 
Plans should be reviewed by- cod e officials 
te- determine tfeat * r e novation does Ret 
affect tfte .structural system e+ tfte building. 
Something as mm or as tbe placement ef 

a Q | » 1 i • . -*■-.. hi < »-i ■ » l.-ir ■ i il.\nf t -\ r ■ i ii-inilmi; /-■ "1 n 
in. " \ ^- " i » i " - i ' ' i cr uuui i ' \ cr ti iiiui' ?i ctttt 

affect tbe structure ef tfte building aft4 its 
saf e ty. Structural systems mean, when 
required, life safety systems, including, 
without limitation, strength, tire pro- 
tection of structural components, floor 
systems, wall systems, ceiling systems. 



fire stopping, sprinkler systems, etc., prior 
to being concealed by finishes; mechanical 
systems, smoke evacuation systems, 
prcssurization systems, potable water sys- 
tems, air and gas systems, electrical power 
systems, smoke detection systems, lire 
alarm systems, emergency lighting sys- 
tems, emergency power systems, elevator 
systems. Most alterations which are not 
merely cosmetic or decorative affect the 
structural system and require the seal of 
an architect. Provided, however, that an 
alteration, remodeling or renovation to a 
building which is exempt under Subpara- 
graphs (b)(3) or (4j of this Rule may be 
exempt even if the structural system \s af- 
fected if the resulting building would not 
exceed 2.500 square feet or be valued less 
than ninety thousand dollars ($90.000). 
(A) An addition to an existing building is 
anv extension or increase m the floor area 
or height of a building. All additions 



_ arc 

presumed to affect the structural system 
of the building and require an architect's 
seal. Provided, however, that if the exist- 
ing building and proposed addition to- 
gether do not exceed either ninety 
thousand dollars ($ c )0.000) in value or 
gross floor space, the 



2,500 square feet 
building is exempt. 
(B) The obligation 



)f submitting sealed 



drawings for a project cannot be evaded 
by use of change orders after the building 
permit for the project is issued that result 
in an increase in the value or square 
footage if the completed project exceeds 
the limits oj. the exemptions m this Rule. 
(C) Anv change in an unfinished project for 
which there is not vet a certificate of oc- 
cupancy that results in disqualification tor 
exemption must be revealed to the ap- 
propriate inspection authority and neces- 
sitates an architectural seal of the project's 
plans as changed. 

(i) Value must be the value of the com- 
pleted project. I hose who fail to ob- 
tain a seal on plans for a project which, 
when completed, has a value in excess 
of ninety thousand dollars ($90,000) 
and square footage of more than 2.500 
do so at their own risk, 
(ii) A final certificate ^ occupancy must 
not be granted tor a completed project 
that is no longer exempt, until the re- 
quirement for a seal is satisfied. 
(6) G.S. S3A- 13(c)(6) excludes shop drawings, 
which are those drawings prepared in- 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



SI 



PROPOSED RULES 



house by subcontractors and other spe- 
cialists under the nonsupervisory control 
of the architect. 
f+) G.S. 83A 13(d) applies only to individuals. 
Corporations afe «et loyally dofinod as 
individuals; therefore, a corporation eaft- 
aet prcparo plans fef non exempt 
buildings without (4*e seal el a licens e d 
architect, even when the buildings afe «- 
tended sol civ fr*f the use el that- corpo 
ration. Tef plans prepared by- a» 
individual to be exempt: 

fA-)- the individual claiming the exemption 
must be the record owner el the la«4 
upon which the building is to be con 
strutt e d; 

(-B-) the individual who is the record owner 
el the la«4 must personally prepare the 
plans aft4 this individual cannot claim 
authorship el plans actual h i prepared tof 
hfre by another; 

fG^ the individual owner must 4s* the 
plans a«4 stat e h*s current address en- the 
plans: a«4 

f©f the individual who owns the land aed- 
designed the plans must maintain a 
possessory interest i» the premises after 
construction. This possessory interest 
may be actual occupancy by the owner 
e? the possessory interest el a landlord. 
I Iowever, tl a« individual intends to build 
a project under this exemption toF the 
purpose el immediately transferring legal 
title el the project to someone e lse, this is 
set a "building tof himself" The Board 
determines a» individual's intent e» the 
basis el ah relevant facts a«4 wet fast e» 
tbe verbal statements el the individual. 
(7) G.S. S3A- 13(d) exempts onlv an individual 
preparing plans or data for buildings for 
himself and not buildings which other- 
wise, bv statute or board rule, require the 
seal of an architect. 

(A) The practice of architecture as defined 
in G.S. S3A-1 and as used in these Rules, 
includes the preparation of plans, specifi- 
cations and related services in connection 
with the design, construction, and alter- 



ation of buildings. 



(B) An individual who makes plans and 
data for buildimzs for himself shall not be 
subject to criminal charges under G.S. 
S3 A- lfr nor injunctions under (i.S. 
S3A-17. However nothing in this Rule 
authorizes an unlicensed individual to 
prepare the plans and specifications re- 
quired to obtain a building permit for a 
non-exempt building. 



(8) G.S. 83A- 13(e) requires the designer of a 
non-exempt project to sign all sheets and 
disclose his address. If the design is pre- 
pared by a corporation, then the corporate 
officer must disclose his relationship to 
the corporation in addition to signing the 
sheets and disclosing the street address. 
An architect who prepares a design for an 
exempt project must seal that design, even 
though an architect's seal is not required 
for the project plans. 

Statutory Authority G.S. 83A-6: 83A-12; S3A-13; 
83A-17; 150B-9. 

SECTION .0600 - ADMINISTRATIVE 
HEARINGS: PROCEDLRES 

.0601 PROFESSIONAL STANDARDS 
COMMITTEE 

(a) Upon receipt el a charg e alleging mi scon 
duct against a licensee ef registrant el the Board. 
the executive director shall inform the accus e d 
party ef the nature el the charges a* fried with the 
Board. The Professional Standards Committee 
("Committee") shall be appointed bv the Presi- 
dent of the Board. Complaints regarding vio- 
lations of the law or hoard rules Tiall be referred 
to the Committee. 

(b) 4-he accused party may elect to respond to 
the charges by tiling a written answer with the 
Board within 44 days el the receipt el the no tin 
cation el charges. The Committee shall deter- 
mine whether a complaint warrants further 
investigations, it proven, constitutes probable 
cause and justifies contested case proceedings. 

(c) The charg e s, a* fried with the Board a«4 asy- 
answer made thereto, shall be referred to the 
Committee e» Investigations (hereinafter referred 
to as "Committee"). The committee shall con 
Sfst el tw-e members el the Board, e»e el whom 
shall serve as chairman. If probable cause is 
found bv the Committee, the staff and board 
counsel shall serve a Notice of 1 learing for a 
contested case proceeding. However, a Consent 
Agreement resolving the complaint mav be ne- 
gotiated and recommended to the Board bv the 
Committee, either before or after sen ice o[ the 
Notice of 1 learing. 



f4> The committee shall investigate the com 
plaint afhl as part el the investigation may: 
(-ty Assign the complaint to the Board's i«- 
vestigator who shall submit a written fe- 
pert to the committee. 
f^) Invit e the complaining party a»4 the ae- 
cused party before the committee to fe- 
ceive th e ir efal- stat e m e nts, bat n e ith e r 
party shall be compelled to att e nd. 



32 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



PROPOSED RULES 



£3} Conduct aey other type ef investigation 
a* is doomed appropriate by the commit 
teer 

(d) If probable cause is not found, the Com- 
mittee may dismiss such a matter with or without 
prejudice. Third party complainants shall be 
provided a written notice of said dismissal. 

(e) Upon the completion ef the investigation, 
the committee ' jhall determine whether ef ee+ 
there is probable cause te believe that the accused 
paily has violated aey standard ef misconduct 
which would justify a disciplinary hearing based 
upon the grounds as sp e cifi e d » Chapt e r &4A ef 
the North Carolina General Statutes ef this 
Chapter. 

ff} ff probablo cause is found, the committ ee 
shall direct the legal counsel fef the Board te file 
a Notic e ef I learing. 

£g) if probable cause is found, bet it- is det e r 
mined that- a disciplinary hearing is eet war 
ranted, the committee may issue a reprimand te 
the accused party. A statement ef such 
reprimand shall be mailed te the accused party. 
Within 44 days aft e r rec e ipt ef the reprimand the 
accused party may refus e the reprimand ar+d- re- 

i -i i i . t ■ ■ t t l-i - i t ■ i X . \i i .~.-l /IT I l.iMt-itiM V-* . * i. ■11,1,1 niirL-ii'int 
CTTTCTTT mTIT CT T^TTTTTTT I ' 1 I RTEn HIE, T.7V ITT.' UVTJ I'UI ,'UU1 1 I 

te- Chapter 150B ef the North Carolina Genera] 
Statute! . ae4 this Chapter. Such refusal ae4 re- 
quest shall he addressed te the committee a«4 
filed- with the executive director fef the Board. 
4 : he legal counsel tef the Board shall thereafter 
prepare a*te file a Notice ef 1 learing. ff the letter 
ef reprimand is accepted, a record ef the 
reprimand shall he maintain e d i» the office ef the 
Board. 

fb)- ff Fie- probable cause is found, the commit 
tee shall dismiss the charges as unfounded ef 
trivial aptd prepare a statement el the reasons 
therefore which shall be mailed te the accused 
party aed- the complaining party. 

fh> If He probablo cause is found, bet it is de- 
t e rmined by the committee that the conduct ef 
the accused party is Ret » accord with accepted 
professional practioo ef m&y- be the subject ef 
discipline if continued ef repeated, the committ ee 
may issue a letter ef caution te the accused party 
stating that the conduct, while eet the basis fef 
a disciplinary hearing, is r+et professionally ae- 
ceptable ef reay be the basis ter- a disciplinary ' 
hearing if r e peated. A record ef such l e tt e r ef 
caution shall be maintained m the office ef the 
Board. 

ff)- A Board m e mber who has served ee the 
committee shall eet participate aed- k. deemed 
disqualified te aet as a pr e siding officer ef mem 
bef ef the Board assigned te render a decision m 
asy administrative disciplinary proceeding 
brought pursuant te a Notice ef I tearing fef 



which that member has sat i» ae investigative 
capacity as a member ef chairman ef the com 
mittoo. 

Statutory Authority G.S. 83A-6; 83A-14; 83A-J5; 
150B-41. 

icic'k-k-k'k'kizic'k'k'k'k'k'k'k'k-k 



No 



ot/'ce is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Board of Phys- 
ical Therapy Examiners intends to amend rule(s) 
cited as 21 NCAC48E .0110; 48F .0002; and 48G 
.0203. 

1 he proposed effective date of this action is Au- 
gust I, 1991. 

I he public hearing will be conducted at 2:00 
p.m. on May 3, 1991 at Satiskv & Silverstein, 900 
Ridgefeld Drive, Suite 250, Raleigh, NC 27609. 

O omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of the hearing 
will be open for receipt of written comments from 
April 3, 1991, to 5:00 PM on May 2. 1991. Such 
written comments must be delivered or mailed to 
Constance Peake, N. C. Board of Physical Ther- 
apy Examiners, 2426 Tryon Road. Durham, NC 
27705. 

(HAP IKK 48 - BOARD OF PHYSICAL 
THERAPY EXAMINERS 

SUBCHAPTER 48E - APPLICATION FOR 
LICENSURE 

SECTION .0100 - REQUIREMENTS 

.0110 FOREIGN-TRAINED PHYSICAL 
THERAPISTS 

(b) Supporting Documents. In addition to the 
other requirements of this Section and G.S. 
90-270.30, each foreign-trained applicant must 
submit the following: 

(1) If the applicant has been graduated from 
a physical therapy educational program, a 
certification of physical therapy education 
is to be submitted directly to the Board. 

(2) If the applicant does not meet the re- 
quirements of (b)(1) of this Rule, the 
Board will examine the applicant's educa- 
tional background to determine if the 
general college and professional instruc- 
tion is substantially equivalent to that of 
a United States physical therapy educa- 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



33 



PROPOSED RULES 



tion program. At a minimum, 120 se- 
mester hours of college education is 
required, which includes a minirrium of 
57 semester hours of professional curric- 
ulum, including basic health sciences, 
clinical sciences and clinical education. It 
is the responsibility of the applicant to 
make arrangements with a credentialing 
service acceptable to the Board to have 
the credentials evaluated. The Board will 
make its own review of applicant's educa- 
tional program and is not bound by the 
findings of the credentialing service. 
(3) Proof acceptable to the Board that a 
minimum score of 230 has been obtained 
on the TSE (Test of Spoken English) or 
the SPEAK. (Speaking Proficiency English 
A---, wnjnt Kit examination or that 
English is the applicant's native language. 

Statutory Authority G.S. 90-270.26; 90-270.29; 
90-270.30; 90-270.31. 

SUBCHAPTER 48F - CERTIFICATES: FEES: 
INVESTIGATIONS: RECORD OF LICENSEES 

.0002 FEES 

(a) The following fees are charged by the 
Board: 

( 1 ) application for physical therapist 
licensure: 

(A) by endorsement or examination taken 
in another state, seventy fivo one hundred 
dollars ($75, 11 0); ($100.00); 

(B) by examination, sixty fivo ninety dollars 
($65.00) ($90.00) plus cost of examina- 
tion; 

(C) by revival of lapsed license pursuant to 
21 NCAC 48G .0203(b)(1). sixty five 
ninety dollars ($65.00) ($90.00) plus cost 
of examination; 

( D) by revival of lapsed license pursuant to 
21 NCAC 48G .0203(b)(2), sixty five 
ninety dollars ($65.00); ($90.00); 

(2) application for physical therapist assistant 
licensure: 

(A) by endorsement or examination taken 
in another state, sixty fivo eighty-five dol- 
lars ($65.00); ($S5.00~); 

(B) by examination. f+f+v- seventy-five dol- 
lars ($50.00) ($75.00) plus cost of exam- 
ination; 

( C ) by revival of lapsed license pursuant to 
21 NCAC 48G .0203(b)(1), ftftv seventv- 
five dollars ($50.00) ($75.00) plus cost of 
examination; 



(D) by revival of lapsed license pursuant to 
21 NCAC 48G .0203(b)(2), fifrf seventv- 
five dollars ($50.00); ($75.00); 

(3) renewal for all persons, twenty five thirty 
dollars ($25.00); ($30.00); 

(6) transfer of licensure information fee, in- 
cluding either the examination scores or 
licensure verification or both, eight fifteen 
dollars (SS.00); ($15.00); 

(8) certificate replacement or duplicate, to* 

fifteen dollars ($10.00); ($15.00); 
(12) processing fee for returned checks, to* 
fifteen dollars ($10.00). ($15.00). 

Statutory Authority G.S. 25-3-512; 90-270.33. 

SUBCHAPTER 48G - RETENTION OF LICENSE 

SECTION .0200 - LAPSED LICENSES 

.0203 REVIVAL OF LAPSED LICENSE 

The following methods may be used to revive a 
license: 

(1) A license that has lapsed less than five years 
may be revived by payment of the revival 
of lapsed license fee and the current year's 
renewal fee and by completion of the revival 
form. 

(2) A license that has lapsed more than five 
years may be revived by payment of the ap- 
plication fee, completion of the application 
forms, and: 

(a) passing the "PT exam" (if trained as a 
physical therapist) or the 'PTA exam" (if 
trained as a physical therapist assistant); 

(b) satisfactorily completing compiling at least 
500 hours »f clinical work within a the 
period of tew ho* h* exceed 4* months 
one year in the following manner: be- 
tween 50 and 200 class hours of course 
work de. refresher courses, continuing ed- 
ucation, college courses) approved bv the 
Board and the remaining hours while , 
working as an aide under the supervision 
of a licensed physical therapist, providing 
the Board authorizes the training and the 
supervising physical therapist accounts for 
the 5W-> clinical hours: or 

(c) endorsement of a current license in another 

state as provided bv Subchapter 4SB Rule 
.0002 of this Chapter. 

Statutory Authority G.S. 90-270.26; 90-270.32; 
90-270.33. 



U 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 

I\ules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

A dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. I SOB, Article 2 requiring 
publication in the N.C. Register of proposed rules. 

KJ pon request from the adopting agency, the text of rules will be published in this section. 

JLunctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



TITLE 5 
DEPARTMENT OF CORRECTION 



CHAPTER 2 
DIVISION OE PRISONS 



SUBCHAPTER 2D - PUBLIC COMMUNICATIONS 



SECTION .0800 - INMATE ACCESS TO TELEPHONES 



.0801 GENERAL 

The maintenance of family and social relationships as well as pre-release planning activities are integral 
parts of the overall rehabilitation process that can be strengthened through communication by tele- 
phone. In consideration of this, the Division of Prisons will establish inmate access to telephone 
privileges within all correctional facilities. Inmate access to telephones will vary by facility security level 
and inmate custody classification. In order to maintain security and ensure the safety of the institution 
staff and inmate population, inmate access to telephones shall be managed carefully and may be sus- 
pended if necessary. 

History Note: Statutory Authority G.S. 148-1 1 ; 
Eff. April I, 1991. 

.0802 RESPONSIBILITY 

(a) The Director of the Division of Prisons shall designate a staff coordinator to assist in telephone 
program management requirements. Coordination of telephone requirements with Department of 
Correction Purchasing, Division of Prisons Budget and Legal Sections, and Division operations arc 
essential requirements. 

(b) The facility superintendent is responsible for developing specific telephone procedures that comply 
with the minimum standards established by this policy and procedures. The Superintendent shall 
designate a telephone program coordinator who is responsible for the management of the facility inmate 
telephone program. 

(c) Program/Case Management staff will provide assistance in the management of inmate access to 
telephones. 



6:1 NORTH CAROLINA REGISTER April 2, 1 991 



35 



FINAL RULES 



History Sole: Statutory Authority G.S. 148-1 1; 
Eff. April 1, 1991. 

.0803 PROCEDURES 

(a) Availability of Telephones: 

(1) Each correctional facility will establish telephones or telephone banks in sufficient numbers so 
as to provide appropriate access to telephones by inmates for outgoing calls. 

(2) Telephones are to be wall-mounted and collect only except at minimum custody facilities who 
are authorized to have telephone booths or modules with coin operated telephones for local 
calls. Wall mounted is the preferred method of installation. 

(3) Inmate telephones should have a master switch that enables correctional staff to render the 
telephones inoperable during periods of emergency or other appropriate times. 

(4) The establishment of an appropriate number of telephones or telephone banks is authorized as 
a legitimate inmate welfare expenditure subject to the Division approval process. 

(b) Inmate Access: 

(1) Minimum Security Facilities: 

(A) General population minimum custody inmates at minimum security facilities should have 
open access to telephones as operational considerations permit. Insofar as possible, correctional 
staff should routinely supervise inmate use of these telephones. 

(B) A 10-minute time limit per inmate call should be established by facility rules. 

(C) Minimum custody inmates may utilize the telephones for maintaining family ties, contacting 
prospective employers or, communicating with friends or relatives as a part of pre-release plan- 
ning activities or other legitimate purposes that serve to better prepare the inmate for transition 
to the community. 

(2) Medium Close Security Facilities: 

(A) General population inmates assigned to a medium or close security facility will be provided 
scheduled access to telephones if requested by the inmate. 

(B) Inmate use of telephones will be by collect call only. 

(C) For each telephone call, the inmate's name, name of the person to be called, and date and 
time of call, must be documented by supervising correctional staff. 

(D) Medium custody inmates will be permitted two telephone calls per calendar month. 

(E) Close custody inmates will be permitted one telephone call per calendar month. 

(F) All calls are restricted to a 10-minute time limit. 

(3) Special Populations: 

(A) Protective Custody - As long as security and safety considerations permit, eligible inmates in 
protective custody may be permitted telephone privileges consistent with general population 
medium and close custody inmates. 

(B) Death Row, Maximum Custody, Administrative Segregation, Disciplinary Segregation. Safe- 
keepers - Inmates in these classification categories are not eligible for participation in the tele- 
phone program. Emergency telephone calls or the returning of attorney calls may be permitted 
at the discretion of the facility superintendent. 

(C) Mental Health In-patients - Mental Health In-patient inmates generally should be provided 
telephone access consistent with facility security classification and inmate custody level. The 
inmate Mental Health Treatment Team generally will manage inmate telephone access. 

(D) Other Special Populations - At the discretion of the facility superintendent, other special 
populations may be involved in planned telephone privileges or access may exceed the minimum 
standards established by this policy, as a program incentive or treatment strategy. 

HistotT Xote: Statutory Authority G.S. 148-1 1 : 
Eff. April 1. 1991.' 

.0804 OTHER PROGRAM REQUIREMENTS 

(a) Inmate participation in the telephone program may be suspended through the disciplinary process 
as a form ol punishment. The facility superintendent is authorized to terminate telephone privileges 
for specific abuse of telephone regulations or to maintain security of the facility and ensure the safety 
of stall and other inmates. The facility superintendent must document circumstances and rationale for 
the termination of inmate telephone privileges. 



.?6 6:1 NORTH CAROLINA REGISTER April 2, 1991 



FINAL RULES 



fb) Emergency calls and calls to attorneys may be approved by the facility superintendent or his 
designee. Calls to an attorney require documentation that identifies the inmate placing the call, the 
attorney being called, and the date and time of the call. Calls to inmates by attorneys require prior 
approval by the Department of Correction's I^gal Section. 

(c) Inmates are not authorized to receive incoming calls on Division established collect call only 
telephones. 

(d) Inmates shall not use the telephone for the purpose of harassing or threatening any employee of 
any section of the Department of Correction or Parole Commission or the public. 

(e) During emergency or unique circumstances, the facility superintendent or his designee is author- 
ized to allow inmates to use the Division of Prisons business telephones. When this discretion is ex- 
ercised, the use of a Division of Prisons business telephone by the inmate must be documented for 
auditing purposes. 



History Note: Statutory Authority G.S. 148-11; 
Eff. April I, 1991. 



SUBCHAPTER 2F - CUSTODY AND SECURITY 
SECTION .2500 - SMOKING - NO SMOKING 



.2501 PURPOSE 

To reduce the health and safety risks that may be associated with the effects of smoke, the Division 
of Prisons is establishing smoking no smoking areas within its facilities. For this policy, smoking is 
defined as the use or carrying of any lit tobacco product. 

History Note: Statutory Authority G.S. I4S-1 1 ; 
Eff. April I. 1991.' 

.2502 PROCEDURE 

(a) Responsibility: 

(1) The Correctional Center Superintendent and or Area Administrator or Institution Head, pur- 
suant to this policy, should establish smoking no smoking areas within the facility. 

(2) The Supenntendent or Institution Head should incorporate the smoking/no smoking desig- 
nations in the facility's Standard Operating Procedures. 

(b) Designation of No Smoking Areas. Smoking should be prohibited in the following locations: 

(1) Hazardous Areas: These areas include any location which has or may have flammable liquids, 
gases or vapors, as well as any area where there is a collection of readily combustible materials. 
Any questions about such designation should be referred to the Division's Safety Officer. 

(2) Elevators. 

(3) Health Care Facilities: These areas include clinical treatment areas, i.e. operating rooms, ex- 
amining rooms, nursing stations, x-ray suites. Smoking in other areas of health care facilities is 
restricted to private offices and other non-clinical areas such as designated by the Health Treat- 
ment Administrator or Nursing Supervisor. 

(4) Food Preparation and Serving Areas: These areas include sections of the kitchen where and 
when food is being prepared and 'or served. 

(5) Vehicles: This prohibition applies when inmates are being transported and when the vehicle is 
being fueled and. or services. 

(c) Designation of Restricted Smoking Areas: 

( 1 ) Restrictions may include designated smoking and no smoking areas in each specific location 
within the facility. Prior to designating smoking no smoking areas, the Superintendent or In- 
stitution Head should review the physical layout of the facility and the existence of ventilation 
in a particular location within the facility. 

(2) The designation of restricted smoking areas should be established in the following locations, 
except as authorized by the Superintendent or Institution Head for a designated use and/or time: 

(A) Dining facilities; 

(B) Classrooms; 

(C) Fibraries; 



6:1 NORTH CAROLINA REGISTER April 2, 1991 37 



FINAL RULES 



(D) Dormitories; 

(I i Single Cell Buildings: 

(F) Gyms; 

(G) Recreation Buildings; 
(H) Auditoriums; 

(I) Chapels. 
(3) Smoking restrictions in prison enterprise operations should be determined by safety issues, the 

nature of the specific operation, and the physical environment of the operation. 
(4| The Superintendent or Institution Head should consider establishing smoking no smoking areas 

in any other location within the facility not previously specified. 

His ton Sote: Statutory Authority G.S. 14S-1 1 ; 
Eff. April 1, 1991. 

.2503 NOTICE 

(a) No Smoking Areas. "No Smoking'' signs should be placed in areas where smoking is prohibited 
or restricted. 

(b) Smoking Areas. "Smoking" signs should be placed in areas where smoking is permitted. Areas 
where smoking is permitted should have an adequate number of no-combustible ashtrays. 

History Sote: Statutory Authority G.S. 14S-I I : 
Eff. April I, 1991. 

.2504 ENFORCEMENT 

Inmates are subject to disciplinary' action for smoking in a properly designated "no smoking" area. 
It is a misdemeanor to sell or give away cigarettes or tobacco to any minor under the age of 17 years. 

History Sote: Statutory Authority G.S. 148-11: 
Eff. April 1, 1991. 



i 



i 



3S 6:1 NORTH CAROLINA REGISTER April 2. 1991 



A RRC OBJECTIONS 



1 he Administrative Rules Rex'iew Commission (A RRC) objected to the following rules in accord- 
ance with G.S. 143B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
143B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 

Community Assistance 

4NCAC 19R .0/03 - Waivers 

4 NCAC I9R .0303 - Distribution of Funds 

4 NCAC 19R .0304 - Reallocation 

4 NCAC I9R .0602 - Reporting 

Energy 

4 NCAC 12C .0005 - Forms 

4 NCAC I2C .0006 - Scope and Purpose of State Set-Aside 

Hazardous Waste Management Commission 

4 NCAC IS .0309 - Final Site 

Agency Returned Rule Unchanged 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 



ARRC Objection 2/25/9/ 

ARRC Objection 2/25/91 

ARRC Objection 2/25/91 

ARRC Objection 2/25/91 



ARRC Objection 2/25/91 
ARRC Objection 2/25/91 



ARRC Objection 1/18/91 
No Action 2/25/91 



15A NCAC 16 A .0804 - Financial Eligibility 

No Response from Agency 
15 A NCAC 16A .0806 - Billing the HIV Health Services Program 

No Response from Agency 

Coastal Management 

15 A NCAC 7 J .0409 - Civil Penalties 

Agency Returned Rule Unchanged 
15 A NCAC 7 J .1109 - Permit Fee 

Agency Withdrew Rule 

Fnvironmental I lealth 



ARRC Objection 1/18/91 

2/25/91 

ARRC Objection 1/18/91 

2/25/91 



ARRC Objection 1/18/91 

No Action 2/25/91 

ARRC Objection 1/18/91 

2/25/91 



15A NCAC ISC .0/02 - Definitions 

Agency Revised Rule 
15A NCAC ISC .1532 - Variances and Exemptions 

Agency Revised Rule 
I5A NCAC 18C .1534 - Max Contaminant Levels for Coliform Bacteria 

Agency Revised Rule 
15A NCAC ISC .2001 - General Requirements 

Agency Revised Rule 



ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



10/18/90 
11/14/90 
10118/90 
11/14/90 
10/18/90 
11/14/90 
10; 18/90 
11/14/90 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



19 



A RRC OBJECTIONS 



15 A NCAC ISC .2002 - Disinfection 

Agency Revised Rule 
ISA NCAC 18C .2003 - Filtration 

Agency Revised Rule 
ISA NCAC ISC .2004 - Analytical and Monitoring Requirements 

Agency Revised Rule 
ISA NCAC ISC .2005 - Criteria for Avoiding Filtration 

Agency Revised Rule 

Solid Waste Management 

ISA NCAC ISA .0016 - Special Purpose Com Hazardous Waste Facility 
ISA NCAC ISA .0017 - Fee Schedules 



ARRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



10118190 
11;14' : 90 

10/18/90 
11/14/90 

10/18/90 
11/14/90 

10/18:90 

11/14/90 



ARRC Objection 2; 25 91 
ARRC Objection 2/25/91 



Wildlife Resources Commission 

15 A NCAC I OH .0302 - Minimum Standards 

Agency Revised Rule 
ISA NCAC 1011 .0807 - Classes of Permits 

HUMAN RESOURCES 

Facility Services 

10 NCAC 3V .0303 - Insurance Required 
Agency Revised Rule 

Individual and Family Support 

10 NCAC 42B .1201 - Personnel Requirements 

No Response from Agency 
10 NCAC 42C .2001 - Qualifications of Administrator 

No Response from Agency 
10 NCAC 42C .2002 - Qualifications of Supervisor- in-Charge 

No Response from Agency 
10 NCAC 42C .2006 - Qualifications of Activities Coordinator 

No Response from Agency 
10 NCAC42C .330/ - Existing Building 

Agency Returned Rule Unchanged 
10 NCAC 421) .1401 - Qualifications of Administrator/Co-Administrator 

Agency Returned Rule L nchanged 

INSURANCE 

Fife: Accident and Health Division 

// NCAC 12 .0904 - Requirements for Utilization Review 
Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

CPA Examiners 

21 NCAC SM .0306 - Due Professional Care 



ARRC Objection 9! 2090 
Obj. Removed 10/18/90 
ARRC Objection 2;2S;9J 



ARRC Objection 11/14/90 
Obj. Removed 12/20/90 



ARRC Objection 


1 IS 9/ 




2/25 91 


ARRC Objection 


1/18 91 




2/25 91 


ARRC Objection 


IIS 91 




2/25/91 


ARRC Objection 


1 IS 91 




2 23 91 


ARRC Objection 


IF 14190 


No Action 


12/20/90 


ARRC Objection 


11114190 


No Action 


12 20/90 



ARRC Objection 12/20/90 
Obj. Removed I IS 9/ 



ARRC Objection 2/25 91 



10 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



ARRC OBJECTIONS 



Cosmetic Art Examiners 

21 NCAC 14 A .0101 - Definitions 

21 NCAC 14G .0003 - Space Requirements 

21 SCAC 14G .0007 - Equipment and Teachers 

21 NCAC 141 .0103 - Inspections and Reports of Student Hours 

21 NCAC 141 .0109 - Summary of Cosmetic Art Education 

21 NCAC 141 .0302 - Library ' 

21 NCAC 14L .0101 - Qualifications - Cosmetologist Teachers 

21 NCAC 14L .02/0 - Effect on Student-Teacher Ratio 

Medical Examiners 

21 NCAC 32B .0309 - Personal Interview 
21 NCAC32M .0007 - Termination of NP Approval 
Agency Revised Rule 

Nursing, Board of 

21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License 

No Response from Agency 

Agency Revised Rule 
21 NCAC 36 .0504 - Certificate of Registration 

Agency Revised Rule 
21 NCAC 36 .0505 - General and Administrative Provisions 

Agency Revised Rule 
21 NCAC 36 .0507 - Fees 

Agency Revised Rule 

Physical Therapy 

21 NCAC 4SC .0102 - Responsibilities 

Agency Returned Rule Unchanged 

Agency Revised Rule 
21 NCAC4SC .0501 - Exemption for Students 

Agency Returned Rule Unchanged 

Agency Revised Rule 

Plumbing, I leating and Fire Sprinkler Contractors 

21 NCAC 50 .1203 - Disposition of Petitions 

Agency Revised Rule 
21 NCAC 50 .1207 - Request to Participate 

Agency Revised Rule 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



2/25191 
2/25191 
2/25/91 
2/25/91 
2125/91 
2/25191 
2:25/91 
2/25/91 



ARRC Objection 2:25/91 
ARRC Objection 11/14/90 
Obj. Removed 12/20/90 



ARRC Objection 

Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



ARRC Objection 
No Action 
Obj. Removed 
ARRC Objection 
No Action 
Obj. Removed 



12 20 90 
1 1 18,91 
2/25/91 
1/18191 
2/25/91 
1/18/91 
2/25/91 
1/18/91 
2/25/91 



9.20 90 
10/18190 

2 25 91 

9/20/90 
10/18190 
2/25/91 



ARRC Objection 11/14 90 
Obj. Removed 12/20/90 
ARRC Objection 11/14:90 
Obj. Removed 12/20/90 



SECRETARY OF STATE 

Securities Division 

18 NCAC 6 .1210 - Securities Exchgs/Autod Quo!. Sys. Approved; Admin ARRC Objection 12:20/90 
Agency Responded to Objection No Action 1/18/91 

STATE PERSONNEL 



25 NCAC ID .0509 - Severance Salary Continuation 
Agency's Response Unacceptable 



ARRC Objection 1 18 91 
2/25/91 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



41 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 NCAC IB .0202(c) - REQUEST FOR DETERMINA TION 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in New Hanover Memorial Hospital, Inc., Petitioner v. N.C. 
Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent 
(90 DHR 0792). 

10 NCAC IB .0202(c) - REQUEST FOR DETERMINATION 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department 
of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 

0770). 

10 NCAC 3R .0317(g) . WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr.. Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section. Respondent (90 
DHR 0296). 

10 NCAC 3R .0317(g) - WITHDRAWAL OF CERTIFICATE 

Michael Rivers Morgan. Administrative Law Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) void as applied in Autumn Corporation, Petitioner v. N.C. Depart- 
ment of Human Resources. Division of Facility Sendees, Certificate of Need Section. Respondent (90 
DHR 0321 and 90 DHR 0318). 

10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE 

10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judse with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as applied in Linda Allred, 
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re- 
spondent (90 DHR 0940). 

10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 42W .0005 - REPORTING CASES OF RAPE AND INCEST 

The North Carolina Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42W .0005 void as applied in Rankin Whittington, Daniel C. Hudgins, Dr. Takey 
Crist. Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North 
Carolina Department of Human Resources, David Flaherty, in his capacity as Secretary of the North 
Carolina Department of Human Resources, The North Carolina Social Services Commission, and C. 
BaiTv McCarty, in his capacity as Chairperson of the North Carolina Social Services Commission, De- 
fendants [100 N.C. App. 603, 398 S.E.2d 40 (1990)). 



42 6:1 NORTH CAROLINA REGISTER April 2, 1991 



NORTH CAROLINA ADMINISTRA THE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code ( NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NOR III CAROLINA ADMINISTRATIVE CODE 



riTLE 


DEPARTMENT 


LICENSING HOARDS 


CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


If. 


8 


Elections 


Electrical Contractors 


IS 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Fitters 


22 


12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifery Joint Committee 


33 


16 


Public Education 


Mortuary Science 


54 


17 


Revenue 


Nursing 


36 


18 


Secretary of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


22 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


4X 


26 


Administrative Hearings 


Plumbing, Heating and Fire Sprinkler 
Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Surve> 


ors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



6:1 NORTH CAROLINA REGISTER April 2, 1991 



43 



CUMULA TIVE INDEX 



CUMULATIVE INDEX 

(April 1991 - March 1992) 



1990 - 1991 
Pages Issue 

1 - 44 1 - April 



i 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NT - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



CORRECTION 

Division of Prisons. 35 FR, 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Alcoholic Beverage Control Commission, 4 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Health: Epidemiology, 28 PR 
Health Sen ices, 9 PR 

GOVERNOR/LT. GOVERNOR 

Executive Orders. 1 

HUMAN RESOURCES 

Medical Assistance. 9 PR 

Mental Health. Developmental Disabilities and Substance Abuse Services, 5 PR 

LICENSING BOARDS 

Architecture, Board of. 30 PR 

Physical Therapy Examiners. Board of. 33 PR 

PUBLIC EDI CATION 

Elementary and Secondary. 29 PR 



i 



44 6:1 NORTH CAROLINA REGISTER April 2, 1991 



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